Confession before IOs under NDPS Act not admissible: SC

Blurb: Three-judge SC Bench delivers 2:1 verdict

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Tribune News Service

New Delhi, October 29

Maintaining that officers of the Central and state agencies appointed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, are police officers, the Supreme Court today ruled that statements recorded by them were not admissible as evidence during trial.

“The officers who are invested with powers under Section 53 of the NDPS Act are ‘police officers’ within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act,” a three-judge Bench led by Justice RF Nariman said in a 2:1 verdict.

The majority verdict was delivered by Justice Nariman and Justice Navin Sinha, while Justice Indira Banarjee delivered a dissenting judgment.