Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020
9. Leaving everything aside, there is no dispute that bail
petitioners have been booked under Section 29 of the Act on the
basis of the statement made by co- accused, which is not
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admissible as has been held by Hon'ble Apex Court in Tofan
Singh case (supra). In the aforesaid judgment, Hon'ble Apex Court
has categorically held that disclosure statement, if any, made
under Section 67 of the NDPS Act, is inadmissible and same
cannot be used as a confessional statement in the trial of an
offence under Section 67 of the Act. Relevant para of the aforesaid
judgment reads as under: