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.