Mukesh Singh v. State (Narcotic Branch Of Delhi), Special Leave Petition(Criminal) Diary No.39528/2018
Court: Supreme Court of India
Issue: The reference was made to the constitutional bench doubting the correctness of the decision in the case of Mohan Lal v. State of Punjab, 2018 17 SCC 627 wherein it was held that in case the investigation is conducted by the police officer who himself is the complainant, the trial would be vitiated and the accused would be entitled for acquittal.
Held: In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor. The question of bias or prejudice would depend upon the facts and circumstances of each case. Therefore, merely because the informant is the investigator, by that itself the investigation would not suffer the vice of unfairness or bias and therefore on the sole ground that informant is the investigator, the accused is not entitled to acquittal. The matter has to be decided on a case to case basis.
The Hon’ble Constitutional Bench overruled the judgment passed in the case of Mohan Lal v. State of Punjab, 2018 17 SCC 627.