STATEMENT UNDER S.67 OF NDPS ACT CANNOT BE USED AS A CONFESSION The petitioner was escorting the canter in which the contraband was present and was assigned the duty of giving signal in case of presence of police on the way. The petitioner was implicated based on the disclosure statement of co-accused from whom narcotic substances were recovered. The ratio of Supreme Court in Tofan Singh v. State of Tamil Nadu, was considered which provided that 'the officers who are invested with powers under Section 53 of NDPS Act are the police officers within the meaning of Section 25 of the Evidence Act. Any confessional statement made before the police officer would be hit by Section 25 of the Evidence Act. Statement under Section 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under NDPS Act. ' Reddy and Reddy Law firm has practice in diverse areas. The criminal law practice is backed by a robust litigation team.