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2018 (12) TMI 556 - HC - Indian LawsSmuggling - heroin - NDPS Act - acquittal of offence - case of appellant is that the entire proceedings were vitiated as the Investigating Officer was herself the complainant, who had submitted/filed the written complaint, wherefrom these proceedings emanated. Held that:- A holistic reading of Mohan Lal [2018 (8) TMI 963 - SUPREME COURT OF INDIA] leaves no manner of doubt that the Supreme Court has disapproved, in cases relating to prosecution under the NDPS Act, not only the informant being the IO, but also the complainant, the officer who apprehends the accused, or the officer who conducts the search, being the IO. The reasons, for taking such a view are also clearly delineated in the said decision. The Supreme Court has clearly expressed a view that, if the person making the allegations is himself asked to investigate, serious doubts would arise with regard to his fairness and impartiality. It has also noted that it would be illogical to presume, and contrary to human conduct, to expect the IO, who had himself provided the initial information, or filed the complaint against the accused before the competent court, or even conducted the apprehension or search of the accused, to, at the conclusion of the investigation, submits a closure report, which could invite an inference that he had obviously implicated the accused, with all its attendant consequences, “for the complainant himself”. The submission of appellant to the effect that, if the complainant, who has filed the complaint in a case relating to prosecution under the NDPS Act, was herself/himself the IO, the entire investigation and subsequent prosecution and trial stand vitiated, and that the accused is entitled, ipso facto, to acquittal, merits acceptance. Also, there can be no manner of doubt that PW-1 Anju Singh was herself the IO as well as the complainant. The appellant is entitled to be acquitted of the offence for which she stands convicted - appeal allowed.
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