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1 - 8 of 8 (0.19 seconds)Section 67 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 25 in The Indian Evidence Act, 1872 [Entire Act]
Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020
"9. Having gone through the records alongwith the tabuluted
statement of the respondents submitted on behalf of the petitioner-NCB
and on carefully perusing the impugned orders passed in each case, it
emerges that except for the voluntary statements of A-1 and A-2 in the first
case and that of the respondents themselves recorded under Section 67 of
the NDPS Act, it appears, prima facie, that no substantial material was
available with the prosecution at the time of arrest to connect the
respondents with the allegations levelled against them of indulging in drug
trafficking. It has not been denied by the prosecution that except for the
respondent in SLP (Crl.) No. 1569/2021, none of the other respondents
were found to be in possession of commercial quantities of psychotropic
substances, as contemplated under the NDPS Act
10 It has been held in clear terms in Tofan Singh Vs. State of Tamil
Nadu, (2021) 4 SCC 1, that a confessional statement recorded under
Section 67 of the NDPS Act will remain inadmissible in the trial of un
offence under the NDPS Act. In the teeth of the aforesaid decision, the
arresis made by the petitioner-NCB, on the basis of the
confession/voluntary statements of the respondents or the co-accused
under Section 67 of the NDPS Act, cannot form the basis for overturning
the impugned orders releasing them on bail. The CDR details of some of
the accused or the allegations of tampering of evidence on the part of one
of the respondents is an aspect that will be examined at the stage of trial.
For the aforesaid reason, this Court is not inclined to interfere in the
orders dated 16th September, 2019, 14th January, 2020, 16th January,
2020, 19th December, 2019 and 20th January, 2020 passed in SLP (Crl.)
Section 53 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Vijay Singh @ Bija vs The State Of Haryana on 12 December, 2008
7.2 Still further, the Hon'ble Supreme Court; while dealing with a
plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a
judgment titled as 'Vijay Singh vs. The State of Haryana, bearing Special
Leave to Appeal (Crl.) No.(s) 1266/2023 decided on 17.05.2023', has held
as under:
1