CONFESSION UNDER NDPS ACT, CONFLICT YET TO BE RESOLVED
The Authors of this blog are Ms. Prachi Agarwal & Mr. Mohit Chauhan, Advocate, Jharkhand High Court. Introduction The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted to consolidate and amend the law relating to narcotic drugs. Till date to achieve the objective and purpose of the Act various amendments have taken place, however one of the most controversial topic involved in NDPS is yet to be decided i.e. whether the confession made u/s 67 of the NDPS Act is admissible or not? This article deals with two issues i.e. evidentiary value of the confession given to the officer authorized to investigate the offence under the Act and whether the officer appointed u/s 53 of the Act would be deemed as a police officer for the purpose of Section 25 of the Indian Evidence Act, 1872. The plain reading of section 42 of the NDPS Act implicates that the officer u/s 42 of the Act is only empowered to enter and search the place a