In NDPS instances, cop could be each informant, Investigating Officer

Tribune News Service

New Delhi, August 31

A police officer could be each an informant in addition to an investigating officer in a case beneath the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Supreme Court dominated on Monday.

A five-judge Constitution Bench headed by Justice Arun Mishra held that just because the informant was additionally the Investigating Officer in an NDPS case, he can’t be accused of bias and it might probably’t be a floor for acquittal of the accused.

“Merely because the informant and the investigating officer is the same, it cannot be said the investigation is biased and the trial is vitiated,” the Bench stated.

The Constitution Bench reverses the view taken by a three-judge Bench headed by Justice Ranjan Gogoi which had in 2018 dominated that an informant and IO can’t be the identical individual.

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