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ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, S.RAVINDRA BHAT
Mukesh Singh – Appellant
Versus
State (Narcotic Branch of Delhi) – Respondent
What is the effect on trial when the informant conducts the investigation under NDPS Act?
Key Points: - NDPS Act does not specifically bar informant/complainant from being investigator or officer in charge of police station for NDPS offences (!) [p_9.4] - Testimony of police personnel treated same as any witness; no rule requiring corroboration by independent witnesses (!) (!) - Under Cr.P.C., no bar to police officer receiving information, recording it, and investigating; abuse of power not presumed; fairness is question of fact (!) [p_6.10] - Investigation by informant does not automatically vitiate trial or entitle accused to acquittal; bias/prejudice depends on facts of each case (!) [p_9.5] (!) - Decisions in Bhagwan Singh, Megha Singh, Rajangam, and Mohan Lal confined to their facts; no general rule that informant-investigator vitiates trial (!) (!) (!) (!) - Mohan Lal v. State of Punjab overruled; no absolute bar on informant investigating (!) (!) - Question of bias must be established, not inferred; decided case-by-case (!) (!) - NDPS Act safeguards (e.g., Sections 50, 52, 58) ensure fairness; informant subject to cross-examination at trial (!) (!) - Presumption under Evidence Act Section 114(e) applies to official acts unless contrary proved (!)
JUDGMENT :
M.R. SHAH, J.
1. Having doubted the correctness of the decision of this Court in the case of Mohan Lal vs. State of Punjab, (2018) 17 SCC 627 taking the view that in case the investigation is conducted by the police officer who himself is the complainant, the trial is vitiated and the accused is entitled to acquittal, initially by order dated 17.01.2019 the matter was referred to a larger Bench consisting of three Judges. A three Judge Bench vide order dated 12.09.2019 has referred to a larger Bench of five Judges to consider the matter. That is why, the present matter is placed before the Bench consisting of five Judges.
2. At the outset, it is required to be noted that the decision of this Court in the case of Mohan Lal (supra) taking the view that in case the investigation is conducted by the police officer who himself is the complainant, the trial is vitiated and the accused is entitled to acquittal, came up for consideration subsequently before this Court in the case of Varinder Kumar vs. State of Himachal Pradesh, 2019 (3) SCALE 50 : (2020) 3 SCC 321 and a three Judge Bench of this Court [out of which two Hon’ble Judges were also in the Bench in the case of Mohan Lal
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