The investigation by the complainant himself cannot be considered as deficiencies : SC

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Rajesh Dhiman v State of Himachal Pradesh

CRIMINAL APPEAL NO. 1032 of 2013 decided on October 26, 2020.

BENCHNV Ramana, Surya Kant and Hrishikesh Roy, JJ.

FACTS

In the present case the appellants were driving a motorcycle without number plate and were subsequently stopped by a police team. Police in its search confiscated a polythene bag full of charas and arrested the appellants. In response both the appellants asserted their innocence. They claimed that the backpack containing the recovered was owned by the stranger. The Trial Court acquitted the accused whereas High Court allowed the appeal of the state. Aggrieved by this the appellants filed an appeal in Supreme Court.

ISSUE

Whether the investigation by the complainant himself (police in present case) would be contrary to the scheme of the NDPS Act, thus jeopardizing the entire trial?

HELD

The Supreme Court relied on the case of Mukesh Singh v State 2020 SCC Online SC 700 and held that the investigation by the complainant himself cannot be considered as deficiencies in investigation. It is necessary to demonstrate that there has been actual bias or there is real likelihood of bias. Since in present case it could not be apprehended that the police have any motive or bias to falsely implicate the appellant hence the appeal was accordingly dismissed and order of custody was served to state. 

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