NDPS officers and Section 67 statements: Supreme Court refers police officer and confession questions to a larger Bench

Whether officers empowered under the NDPS Act are police officers for Section 25 of the Evidence Act, and whether a statement recorded under Section 67 can operate as a confession supporting conviction, were identified as linked questions of law. The Court noted existing authority treating such officers as not being police officers, but said the matter required reconsideration in light of the statutory powers of arrest, search, seizure and investigation, the safeguards attached to those powers, and the extent of control over an accused. It also observed that the evidentiary character of Section 67 statements depends on that classification. The issue was referred to a larger Bench.

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Issues: Whether officers empowered under the Narcotic Drugs and Psychotropic Substances Act, 1985 are police officers for the purpose of Section 25 of the Indian Evidence Act, 1872 and whether a statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 can be treated as a confessional statement forming the basis of conviction.

Analysis: The Court noted the existing line of authority that had treated officers under the Act as not being police officers, but found that the issue required reconsideration in light of the nature of the powers conferred by the Act, the safeguards surrounding arrest, search, seizure and investigation, and the test of influence or authority capable of being exercised over an accused. The Court further observed that the character and evidentiary value of a statement recorded under Section 67 was interlinked with that question, including whether such a statement partakes the character of a statement under the Code of Criminal Procedure, 1973 or a confessional statement. In view of the doubts expressed, the Court directed that the matter be placed before a larger Bench for reconsideration.

Conclusion: The question of law was not finally decided by the Bench and was referred to a larger Bench for determination.

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