Lydia Ninglianting vs Directorate Of Revenue Intelligence on 5 February, 2016
20. The same view has been reiterated by this Court in
the case of Kanhaiyalal (supra)1 in which it has been
observed as follows:`
"Since it has been held by this Court that an officer
for the purposes of Section 67 of the NDPS Act read
with Section 42 thereof, is not a police officer, the
bar under Sections 24 and 27 of the Evidence Act
cannot be attracted and the statement made by a
person directed to appear before the officer
concerned may be relied upon as a confessional
statement against such person. Since a conviction
can be maintained solely on the basis of a
confession made under Section 67 of the NDPS Act,
we see no reason to interfere with the conclusion of
the High Court convicting the appellant."