An officer of the Directorate of Revenue Intelligence is invested with investigative powers under NDPS…
In Tofan Singh v State of Tamil Nadu (2020) the majority held that officers invested with powers under NDPS Act section 53 are "police officers" for the bar in former…
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An officer of the Directorate of Revenue Intelligence is invested with investigative powers under NDPS Act section 53. Under Tofan Singh, is a confession to that officer exempt from the police-confession bar merely because the officer belongs to Revenue Intelligence?
Answer and explanation
Correct answer B
In Tofan Singh v State of Tamil Nadu (2020) the majority held that officers invested with powers under NDPS Act section 53 are "police officers" for the bar in former Evidence Act section 25, and that a statement recorded under NDPS section 67 cannot be used as a confession in an NDPS trial. The departmental label therefore does not avoid the bar, now in BSA section 23(1), and recording the statement under section 67 does not make it admissible.
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