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TOFAN SINGH vs. STATE OF TAMIL NADU

SCR Citation: [2020] 12 S.C.R. 583
Year/Volume: 2020/ Volume 12
Date of Judgment: 29 October 2020
Petitioner: TOFAN SINGH
Disposal Nature: Reference answered
Neutral Citation: 2020 INSC 620
Judgment Delivered by: Hon'ble Ms. Justice Indira Banerjee,Hon'ble Mr. Justice R.F. Nariman
Respondent: STATE OF TAMIL NADU
Case Type: CRIMINAL APPEAL /152/2013
Order/Judgment: Judgment
1. Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985:ss. 42, 53 and 67 – Power under s. 67 – Extent, nature,purpose and scope of – Confession made under – Before the officersdesignated u/ss. 42 or 53 – Whether admissible as a substantiveevidence – Held: Statement recorded under s. 67 cannot be admittedas a substantive evidence – To hold that such statement can be thebasis to convict a person under the Act would be a direct infringementof the constitutional guarantees contained in Arts. 14, 20(3) and21 of the Constitution.Evidence Act, 1872:s.25 – Officers invested with powers u/s. 53 of NDPS Act –Are ‘Police Officers’ within the meaning of s. 25 – Therefore, anyconfessional statement made to such officers, would be barred u/s.25.s.25 – ‘Police Officers’ – s. 25 – Held: Expression ‘PoliceOfficers’ in s.25 does not only mean a police officer who belongs toState Police force, but includes officers who may belong to otherdepartments – Where limited powers of investigation are given toofficers for some purpose other than the prevention and detectionof crime, such persons cannot be said to be police officers – Wherea person, not a police officer properly so called, if invested with allpowers of investigation, which culminates in filing of police report,such person can be called police officer.Interpretation of statutes:Marginal note – Is an important internal tool for indicatingthe meaning and purpose of a Section in a statute.Words and Phrases:‘Enquiry’ – Meaning of Expression ‘Custody’ – Meaning of – Distinction from the expression ‘arrest’.‘Police Officer’ – Meaning in the context of s. 25 of Evidence Act.

2. Case referred
3. Act
  • Narcotic Drugs And Psychotropic Substances Act, 1985 (61 of 1985)
  • Indian Evidence Act, 1872 (1 of 1872)
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Probation of Offenders Act, 1958 (20 of 1958)
4. Keyword
  • NDPS Act
  • Power under s. 67
  • Extent
  • nature
  • purpose and scope of
  • Confession made under
  • Before the officers designated u/ss. 42 or 53
5. Equivalent citation
    Citation(s) 2020 AIR 5592 = 2021 (4) SCC 1 = 2021 (4) Suppl. SCC 1 = 2020 (12) SCALE 519