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    <title>2023 (9) TMI 1084 - Supreme Court</title>
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    <description>Statements recorded under Section 67 of the NDPS Act cannot be treated as confessional evidence after Tofan Singh, because officers exercising Section 53 powers are treated as police officers for Section 25 of the Evidence Act. On that basis, Balwinder Singh&#039;s conviction could not stand once the Section 67 statements were excluded and no independent incriminating material remained. By contrast, Satnam Singh&#039;s conviction was sustained because the prosecution independently proved recovery of heroin from the car he was driving, supported by the witness account, chemical analysis, and intact sample chain, thereby establishing the foundational facts and conscious possession beyond reasonable doubt and attracting the statutory presumption under Section 35.</description>
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    <pubDate>Fri, 22 Sep 2023 00:00:00 +0530</pubDate>
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      <title>2023 (9) TMI 1084 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=443462</link>
      <description>Statements recorded under Section 67 of the NDPS Act cannot be treated as confessional evidence after Tofan Singh, because officers exercising Section 53 powers are treated as police officers for Section 25 of the Evidence Act. On that basis, Balwinder Singh&#039;s conviction could not stand once the Section 67 statements were excluded and no independent incriminating material remained. By contrast, Satnam Singh&#039;s conviction was sustained because the prosecution independently proved recovery of heroin from the car he was driving, supported by the witness account, chemical analysis, and intact sample chain, thereby establishing the foundational facts and conscious possession beyond reasonable doubt and attracting the statutory presumption under Section 35.</description>
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      <pubDate>Fri, 22 Sep 2023 00:00:00 +0530</pubDate>
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