VidhiSangh

Supreme Court of India · 29/10/2020

TOFAN SINGH versus STATE OF TAMIL NADU

[2020] 12 S.C.R. 583 · 2020 INSC 620

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

By a 2:1 majority, the Court held that officers invested with powers under Section 53 NDPS Act are police officers for Section 25 Evidence Act: confessional statements made to them cannot be used to convict an accused. A statement recorded under Section 67 NDPS Act cannot be used as a confession at trial. Contrary precedents were overruled, and the individual appeals and special leave petitions were returned to Division Benches for disposal on merits.

Issues

  1. Whether officers invested with powers under Section 53 NDPS Act are police officers for the exclusion of confessions under Section 25 Evidence Act.
  2. Whether a statement recorded under Section 67 NDPS Act can be used as a confessional statement at trial.

Provisions considered

Held

Result

Reference answered by majority. Individual appeals and special leave petitions sent back to Division Benches for disposal on merits in light of the ruling; no individual conviction was finally adjudicated here. Intervention application dismissed; the specified application in Criminal Appeal 433/2014 dismissed as withdrawn with liberty to pursue available remedies.

Judgment PDF: Supreme Court of India, [2020] 12 S.C.R. 583.