Statements and notices

Statements under Section 67 of the NDPS Act: are they admissible?

By Ankur Tripathi, Advocate · 26 October 2026 · 2 min read

People who receive a summons from an NDPS agency often ask what happens to the statement they give. The answer depends on Section 67 of the NDPS Act and on a Constitution Bench decision that changed the law.

What Section 67 does

Section 67 gives the officers empowered under the Act the power to call for information from any person, to require the production of documents and to examine persons acquainted with the facts of a case during an enquiry. It is an investigative power.

The decision in Tofan Singh

In Tofan Singh v. State of Tamil Nadu (2020), a Constitution Bench of the Supreme Court considered whether officers under the NDPS Act are "police officers" for the purposes of Section 25 of the Indian Evidence Act, 1872. Section 25 provides that a confession made to a police officer is not admissible against the accused.

The Court held that officers who investigate offences under the NDPS Act are police officers for this purpose. A confessional statement recorded under Section 67 is therefore not admissible as a confession in the trial of an offence under the Act.

What this means in practice

• A confession given to an NDPS officer cannot be used to prove guilt at trial
• A conviction cannot be based only on such a statement
• The prosecution needs independent evidence

The decision does not mean that statements are irrelevant to everything. Investigators may continue to record them, and they may be used in other ways in the course of a case. The effect on bail and on other stages depends on the facts and on how courts have applied the decision.

Retraction

A person who has given a statement and later disputes it may retract it at the earliest opportunity. Whether and how to retract needs advice, because the timing and form matter.

Rights during questioning

A person summoned to give a statement is protected against self-incrimination under Article 20(3) of the Constitution. Questions about the right to have a lawyer nearby, the recording of statements and the interpretation of what was written should be raised with a lawyer before attending.

High Court petitions

Where there is a concern about how a summons or investigation is being conducted, the High Court of Karnataka can be approached in suitable cases for appropriate directions. Whether that is possible depends on the facts and the stage.

Before you attend

1. Keep a copy of the notice and note who issued it and under what provision
2. Take advice before you appear and before you sign any paper
3. Ask to read your statement and confirm it is accurate before signing
4. Keep your own record of the dates and times of questioning

See also Section 50 of the NDPS Act.

This article is for general information only. It is not legal advice, and the law and its interpretation change. Please consult an advocate about your specific facts before acting.

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