Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 1278 - HC - Indian LawsSeeking grant of anticipatory bail - smuggling - recovery of 248 kgs of poppy husk, 1 Kg 500 grams of opium and 199 Kgs khas khas - contraband item - stands of the State is that the petitioner was escorting the canter in which the contraband was present and he was assigned the duty of giving signal in case of presence of police on the way - HELD THAT:- The petitioner having involved on the basis of disclosure statement of co-accused namely Balbir and Rajinder is hit by the ratio of TOFAN SINGH VERSUS STATE OF TAMIL NADU [2020 (11) TMI 55 - SUPREME COURT] wherein it has been observed that the officers who are invested with powers under Section 53 of NDPS Act are the police officers within the meaning of Section 25 of the Evidence Act. Any confessional statement made before the police officer would be hit by Section 25 of the Evidence Act. Statement under Section 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under NDPS Act. Petition disposed off.
|