Section 67: Power to call for information, etc.

Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provision of this Act,–

(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;

(b) require any person to produce or deliver any document or thing useful or relevant to the enquiry;

(c) examine any person acquainted with the facts and circumstances of the case.

Simplified Explanation

Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) grants specific powers to authorized officers to facilitate the investigation of offenses under the Act. Let’s break it down:

Key Provisions of Section 67

1. Scope of Authority
   • Who can exercise these powers?
     • Officers referred to in Section 42 (which includes officers from various enforcement agencies like police, excise, customs, and narcotics).
     • These officers must be specifically authorized by either the Central Government or a State Government.
2. When can these powers be used?
   • During the course of an enquiry related to a potential contravention of provisions of the NDPS Act.
3. Powers granted under Section 67
   The authorized officer may:
   • (a) Call for information:
     • The officer can request information from any individual to assess if there has been a breach of the NDPS Act or related rules/orders.
   • (b) Demand documents or items:
     • The officer can require any person to produce or deliver documents or items that may be relevant to the investigation.
     • For example, records of transactions, inventories, or evidence linking someone to drug trafficking or possession.
   • (c) Examine individuals:
     • The officer can question individuals who are acquainted with the facts or circumstances of the case.
     • This might involve suspects, witnesses, or others who can provide critical insights into the investigation.

Practical Implications

• Broad investigative power:
  Section 67 allows officers to collect evidence and conduct inquiries that can build a case for prosecution. It complements their other powers, such as search, seizure, and arrest under the NDPS Act.
• Preliminary information gathering:
  These powers are particularly useful at the initial stages of an investigation to assess the situation and gather leads.

Controversies & Legal Challenges

• Self-incrimination concerns:
  • Statements recorded under Section 67 have been contentious. Courts have debated whether such statements amount to self-incrimination under Article 20(3) of the Indian Constitution.
  • In Tofan Singh v. State of Tamil Nadu (2020), the Supreme Court ruled that statements recorded under Section 67 are not admissible as confessions in a criminal trial. However, they can still be used for investigative purposes.
• Abuse of power:
  • Broad discretionary powers can sometimes lead to harassment or coercion of individuals. Legal safeguards are essential to prevent misuse.

Related Provisions

• Section 42: Defines the officers empowered to conduct searches, seizures, and arrests under the Act.
• Article 20(3) of the Constitution: Protects individuals from being compelled to be witnesses against themselves.