Statement given to officers under NDPS act not valid: Supreme Court

IQBAL

NEW DELHI :-The Supreme Court overturned Kanhaiya Lal v. Union of India 2008, stating that the person arrested under the NDPS Act does not fall in the category of a police officer, the acceptance before him is valid.

The verdict was overturned by a 3-judge bench, the Supreme Court case in 2013, the question was whether the officer under the NDPS Act was a police officer or not, the second question was whether the statement given to the officer was valid or not.

Justice Rohinton F. Nariman, Justice Indu Malhotra, The statement of the Bench made in a decision on 29 October to officers invested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act with the powers of a “officer in charge of a police station”, admissible as evidence during trial in court Are not

The Supreme Court said that the statement given by the accused under Section 67 of the NDPS Act will not be considered, the accused person will not be punished on the basis of a statement during trial.

Such a confession is not admissible. It is a violation of Article 14 and Article 20 (3) of the fundamental right of the accused person which states that no person can be compelled to testify against himself.

Section 25 of the Evidence Act relates to sanction before a police officer. Sanction made under this section is not valid in the court.

Therefore, the court has considered the sanction made to the officer under the NDPS Act, which is not acceptable in the court, before the police officer.

Section:-
NDPS Act (Anti-narcotic Act) –

Section 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.

(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1[or any other department of the Central Government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.
(2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise 2[or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act.

Section 67. Power to call for information, etc.-Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act,

(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to the enquiry;
(c) examine any person acquainted with the facts and circumstances of the case.
25. Confession to police officer not to be proved.—No confession made to a police officer1, shall be proved as against a person accused of any offence.—No confession made to a police officer1, shall be proved as against a person accused of any offence.”
Article 20(3) in The Constitution Of India 
(3) No person accused of any offence shall be compelled to be a witness against himself.

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