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Tofan Singh v. The State of Tamil Nadu

Criminal Appeal · 2020 INSC 620Decided 29 Oct 2020
Criminal Appeal No. 152 of 2013
Justice Rohinton Fali Nariman · Justice Navin Sinha · Justice Indira Banerjee

Background

This judgment answers questions referred to a larger bench; it does not decide this appeal itself. The questions were whether officers empowered under Sections 42 and 53 of the NDPS Act are police officers for Section 25 of the Evidence Act, and whether a statement recorded under Section 67 of the NDPS Act can be used as a confession.

Decision Breakdown

This is not a final judgment in this appeal. By a 2:1 majority, the three-judge bench held that such officers are police officers and that a statement under Section 67 cannot be used as a confession to convict, overruling Raj Kumar Karwal and Kanhaiyalal. It sent the appeals back to regular benches to be decided on merits.

Lesson Learnt

Statements recorded by NDPS officers under Section 67 cannot be used as confessions to convict an accused.

Official source (sci.gov.in)View Judgment (PDF)

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