Power to invest officers of certain departments with powers of an officer-in-charge of a police station
Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with power to invest officers of certain departments with powers of an officer-in-charge of a police station. The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence [or any other department of the Central Government including para-military fo The Act came into force on 14 Nov 1985.
(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1[or any other department of the Central Government including para-military forces or armed forces or any class of such officers] with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.
(2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise 2[or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act.
Section 53, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- s. 52 Disposal of persons arrested and articles seized
- s. 52A Disposal of seized narcotic drugs and psychotropic substances
- s. 53A Relevancy of statements under certain circumstances
- s. 57A Report of seizure of property of the person arrested by the notified officer
- s. 68E Identifying illegally acquired property
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer
Court's Decision & Legal Precedent
Officers designated under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made to such officers is barred from being used as evidence under Section 25 of the Evidence Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act, as Section 67 is limited to calling for information and examining persons during an inquiry antecedent to investigation, not for recording confessions as substantive evidence.
On this section: Power to invest officers with powers of officer-in-charge of police station for investigation of NDPS offences - central provision in dispute
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In view of the legal position established by the Supreme Court in Tofan Singh v. State of Tamil Nadu<sup>1</sup> , the Bench, conclusively held that officers empowered under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 qualify as "police officers" within the meaning of Section 25 of the Indian Evidence Act, 1872. Consequently, any confessional statement made before such officers stands interdicted by the statutory bar under Section 25 of the Evidence Act and is, …
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… Hence, Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985, mandates that as soon as the article seized and delivered into the custody of Officer-in-Charge of the Police Station or to the Officer empowered under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, he is required to make an inventory of such narcotic drugs or psychotropic substances containing such details relating to their description, quality, mode of packing method, number or such identifying particulars of narcotic drugs packing in which they are …
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… The notification reads as follows: "HOME SECRETARIAT Notification No. HD 214 EDC 85 Bangalore, dated 11th September 1986 In exercise of the powers conferred by subsection (2) of Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985), the Government of Karnataka hereby invest the officers of and above the rank of the Sub-Inspector of Excise, Excise Department and the Drug Inspector, Drugs Control Department, with the powers of an officer in charges of the Police Station …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 53
What have the courts held on Section 53 of the Narcotic Drugs and Psychotropic Substances Act?
Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020) is the leading judgment on this section among those set out below: Power to invest officers with powers of officer-in-charge of police station for investigation of NDPS offences - central provision in dispute.
How do I find court cases under Section 53 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 53, section 53 NDPS Act, section 53 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 53 ndps act and 53a ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Tofan Singh vs The State of Tamil Nadu through the Ineliigence Officer (29 Oct 2020).
What should I read with Section 53 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
5 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently SO 821-826 (E) (1985), then SO 821-826 (E) (1985).
When did Section 53 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 53 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 53, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.