Tag: police officer

Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

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-Aarushi Jain Recently, the apex court in Tofan singh v. State of Tamil Nadu held that the horizons of Section 25 of the Indian Evidence Act, 1872 (hereinafter 'IEA') extend to the statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'NDPS Act'). The definition of 'police officer' under … Continue reading Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

The Three Justices’ Bench decision in Tofan Singh

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-By Abhinav Sekhri This past week, a Three Justices' Bench had rendered its decision in the Tofan Singh reference [Crl. Appeal No. 152 of 2013, decided on 29.10.2020]. To recap, the reference had two questions placed before the Three Justices' Bench:  Whether an officer of the central / state government investigating a case under the … Continue reading The Three Justices’ Bench decision in Tofan Singh

The Tofan Singh Reference — Part 4: Summing Up

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By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") … Continue reading The Tofan Singh Reference — Part 4: Summing Up

The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

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By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", … Continue reading The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

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By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post … Continue reading The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act