2004 (4) TMI 670 - SC - Indian Laws

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the investigation conducted by the police officer who was also the complainant in the case vitiates the investigation and renders the prosecution illegal or biased under the NDPS Act and Cr.P.C.Rs.

- Whether the seizure of narcotic drugs from the appellants was lawful and the conviction under Section 3(c) read with Section 20(b)(2) of the NDPS Act was justifiedRs.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Legality and impartiality of investigation conducted by the complainant police officer

Relevant legal framework and precedents:

The NDPS Act governs the possession and trafficking of narcotic drugs. Investigation and seizure procedures must comply with statutory safeguards, including those under Section 50 of the NDPS Act and the Cr.P.C. The principle of impartial investigation is fundamental to criminal justice.

Precedents considered include Megha Singh v. State of Haryana, where the Court observed that when a police officer who is the de facto complainant also conducts the investigation, it may affect impartiality. The Court noted that a Head Constable who arrested the accused, conducted searches, recovered evidence, lodged the FIR, and recorded statements under Section 161 Cr.P.C. could lead to a biased investigation.

However, in State v. V. Jayapaul, the Court clarified that merely because a competent police officer is the informant in the FIR does not automatically disqualify him from investigating the case. Allegations of bias must be supported by facts and circumstances demonstrating real likelihood of bias. The Court emphasized that no broad or unqualified prohibition exists against such investigation.

Court's interpretation and reasoning:

In the present case, PW-8, an Inspector, conducted the search, recovered the narcotic drugs, registered the FIR, and carried out the investigation leading to the filing of the charge-sheet. The appellants contended that this dual role of PW-8 as complainant and investigator vitiated the investigation.

The Court examined whether PW-8's involvement led to any prejudice or bias. It was found that PW-8 acted in his official capacity, performing duties expected of a police officer. There was no evidence or circumstance indicating personal interest, partiality, or unfairness in the investigation process.

The Court relied on the principle established in State v. V. Jayapaul that the right to investigate is not forfeited by the officer merely because he is the informant. The key question is whether bias or likelihood of bias exists, which must be judged on facts.

Key evidence and findings:

The seizure of narcotic drugs was conducted after complying with Section 50 of the NDPS Act. The search was lawful, and the contraband was recovered from the appellants. PW-8's role was official and procedural. No evidence of malafide or biased conduct was presented.

Application of law to facts:

The Court applied the legal principle that the investigation is not vitiated merely due to the investigating officer being the complainant unless bias is demonstrated. Since the appellants failed to establish any prejudice, the investigation was held to be valid.

Treatment of competing arguments:

The appellants relied heavily on Megha Singh to argue that the investigation was illegal. The Court distinguished the present facts from Megha Singh by emphasizing the absence of any evidence of bias or unfairness. The Court also noted the clarification in State v. V. Jayapaul, which limits the scope of the principle in Megha Singh.

Conclusions:

The Court concluded that the investigation conducted by PW-8 was lawful and impartial. The dual role of PW-8 as complainant and investigator did not vitiate the investigation or the prosecution.

Issue 2: Validity of seizure and conviction under NDPS Act

Relevant legal framework:

Section 3(c) read with Section 20(b)(2) of the NDPS Act criminalizes possession of narcotic drugs beyond prescribed limits. The seizure must be lawful and comply with procedural safeguards, including search and seizure protocols under the Act and Cr.P.C.

Court's interpretation and reasoning:

The Court found that the seizure of one kilogram of hashish from appellant Muniyandi and another kilogram from Kannan was lawful. Subsequently, based on their information, the police searched and seized two kilograms of hashish from appellant Jeevanantham after complying with Section 50 of the NDPS Act, which mandates informing the accused of the grounds of search.

Key evidence and findings:

The police officers conducted searches in accordance with statutory requirements. The contraband was recovered in the presence of witnesses and documented properly. The appellants were found in possession of prohibited quantities of narcotic drugs.

Application of law to facts:

The possession of hashish in such quantities constituted an offence under the NDPS Act. The seizure was lawful and the evidence sufficient to establish guilt beyond reasonable doubt.

Treatment of competing arguments:

The appellants did not dispute the seizure facts but challenged the investigation's legality. Since the investigation was upheld as lawful, the seizure and consequent conviction stood unchallenged.

Conclusions:

The Court held that the appellants were rightly convicted for offences under the NDPS Act based on lawful seizure and proper investigation.

3. SIGNIFICANT HOLDINGS

"We find no principle or binding authority to hold that the moment the competent police officer, on the basis of information received, makes out an FIR incorporating his name as the informant, he forfeits his right to investigate. If at all, such investigation could only be assailed on the ground of bias or real likelihood of bias on the part of the investigating officer. The question of bias would depend on the facts and circumstances of each case and it is not proper to lay down a broad and unqualified proposition, in the manner in which it has been done."

The Court established that the mere fact of a police officer being the informant and investigator does not invalidate the investigation unless bias is demonstrated.

The appellants' conviction under Section 3(c) read with Section 20(b)(2) of the NDPS Act was affirmed based on lawful search, seizure, and investigation.

The Court dismissed the appeals as devoid of merit, affirming the findings of the Special Judge