Investigating officer can also be informant in narcotics cases: SC

A five-judge constitution bench pronounced their judgement on whether an investigating officer in a criminal case can also be the informant/complainant. Judges said that the situation has to be decided on a case to case basis, there cannot be a blanket rule and accused cannot get the benefit of the IO being same as an informant.

New Delhi:The Supreme Court ruled today that an accused under the Narcotic Drugs and Psychotropic Substances Act,1985 can not be acquitted merely because the investigating officer and complainant are the same.

A five-judge constitution bench comprising of Justice Arun Mishra, Justice Indira Banerjee, Justice Vineet Saran, Justice MR Shah and Justice Ravindra Bhat pronounced their judgement on whether an investigating officer in a criminal case can also be the informant/complainant.

Just because the informant is the investigator, it does not vitiate the investigation, allegations of bias are not automatic, observed the court.

Judges said that the situation has to be decided on a case to case basis, there cannot be a blanket rule and accused cannot get the benefit of the IO being same as an informant.

The judgement overrules the earlier judgement of the top court which pronounced that if the informant and IO are the same then it would vitiate the investigation due to the biasness.