Supreme Court · 2020 INSC 620 · Decided 29 October 2020

Tofan Singh v. State of Tamil Nadu

Court
Supreme Court of India
Citation
2020 INSC 620 · [2020] 12 S.C.R. 583
Case number
CRIMINAL APPEAL No. 153/2013
Decided
29 October 2020
Bench
R.F. NARIMAN, NAVIN SINHA, INDIRA BANERJEE (3-judge bench)
Outcome
Directions issued
Case type
Criminal
Acts & sections cited
CrPC Section 46; Evidence Act Section 25, 26; Constitution Article 14, 20(3), 21; NDPS Act Section 42, 53, 67

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 officers designated u/ss. 42 or 53 - Whether admissible as a substantive evidence - Held: be admitted as a substantive evidence - To hold that such statement can be the basis to convict a person under the Act would be a direct infringement of the constitutional guarantees contained in Arts. 14, 20(3) and 21 of the Constitution. Evidence Act, 1872: s.25 - Officers

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