Friday, October 30, 2020

Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement-SC

1) Whether the officer investigating the matter under the NDPS Act would qualify as police officer or not?

“[O]fficers who are invested with powers under section 53 of the NDPS Act are "police officers" within the meaning of section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of sectionI 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act.”

Whether the statement recorded by the investigating officer under Section 67 of the Act can be treated as confessional statement or not, even if the officer is not treated as police officer?

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