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Supreme Court of India

Mukesh Singh v. State (narcotic Branch of Delhi)

Neutral citation
Reported as [2020] 9 S.C.R. 245
Bench Arun Mishra, Indira Banerjee, Vineet Saran, M. R. Shah and S. Ravindra Bhat JJ.
Decided 31 August 2020

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7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that there cannot be any general proposition of law to be laid down that in every case where the informant is the investigator, the trial is vitiated and the accused is entitled to acquittal.Similarly, even with respect to offences under the IPC, as observed hereinabove, there is no specific bar against the informant/complainant investigating the case.

Judgment, page 57

From the headnote

Narcotic Drugs and Psychotropic Substances Act, 198 5 – Informant-police officer who is the complainant himsel f conducts investigation – Trial, if vitiated; and the accused if entitled to acquittal – Conflicting opinions – Matter initially referr ed to three Judge Bench – Further referred to five Judge Bench – Held: Und er the scheme of CrPC, there is no bar to a police offi cer receiving information for commission of a cognizable offence, re cording the same and then investigating it – On the contrary, s s.154, 156 and 157, CrPC permits the officer in charge of a police st ation to reduce

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 4 followed · 2 referred to

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