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G. JAYACHANDRAN
Ravi – Appellant
Versus
Inspector of Police, Molasi Police Station – Respondent
ORDER :
1. The petitioner is the 2nd accused facing trial in C.C. No. 152 of 2016 on the file of the Judicial Magistrate, Thiruchengodu for offence under Section 9 (B) (1-b) of the Explosive Substances Act, 1884.
2. The suo motu First Information Report by Mr.Paulraj, the Special Sub-Inspector of Police (SSI), Molasi, came to be registered on 08.07.2015 at 10.30 a.m. which states that based on information that illegal poaching of fish using explosive is carried on the river side behind the Muniappan Temple, the team of Police led by the Special Sub Inspector went to the spot for patrolling. On seeing the Police team, two persons tried to flee away from the place. The patrol team surrounded them and apprehended. On enquiry, they confessed that they are engaged in poaching of fish using explosive cartridges Celari-11 (SUN 90), ED -10 and OD-3, without using traditional nets. From them, the explosives were recovered at 09.00 hours under mahazar witnessed by K. Periyasami and K. Kamaraj, both Senior Grade Police Constables from the patrol team.
3. The investigation taken up by the said Special Sub Inspector, who registered the case. On completion of investigation, Final Report filed again
The main legal point established in the judgment is that the investigation could only be assailed on the ground of bias or real likelihood of bias on the part of the Investigating Officer, highlighti....
The Supreme Court clarified that the informant and investigator can be the same, stating acquittals should not be granted solely on technical grounds and all cases must be evaluated individually.
Merely because of non-examination of the investigating officer, when there is other evidence on record to prove the guilt, and in the absence of any prejudice shown to have been caused to the accused....
Point of Law : Court will not permit an investigation to go 'on', or where non-interference would result in miscarriage of justice the Court may interfere at the stage of investigation of offence.
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