Supreme Court · 2020 INSC 524 · Decided 31 August 2020
Mukesh Singh v. State (Narcotic Branch of Delhi)
- Court
- Supreme Court of India
- Citation
- 2020 INSC 524 · [2020] 9 S.C.R. 245
- Case number
- DIARYNO AND DIARYYR No. 39528/2018
- Decided
- 31 August 2020
- Bench
- ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R. SHAH, S. RAVINDRA BHAT (5-judge bench)
- Outcome
- Reference answered
- Acts & sections cited
- IPC Section 304B; CrPC Section 154, 156, 157, 2(o), 100, 173, 465, 114; Evidence Act Section 21, 114; Constitution Article 21; Prevention of Corruption Act; NDPS Act Section 51, 41, 42, 43, 49, 50, 52, 53
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 - Informant-police officer who is the complainant himself conducts investigation - Trial, if vitiated; and the accused if entitled to acquittal - Conflicting opinions - Matter Judge Bench - Further referred to five Judge Bench - Held: Under the scheme of CrPC, there is no bar to a police officer receiving information for commission of a cognizable offence, recording the same and then investigating it - On the contrary, ss.154, 156 and 157, CrPC
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