(N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.)
Mukesh Singh _____________________________________ Petitioner;
v.
State (Narcotic Branch of Delhi) ______________________ Respondent.
Special Leave Petition (Criminal) …………Diary No(s). 39528/2018, decided on September 12, 2019
(For Admission and I.R. and IA No. 154077/2018-Condonation of Delay in Filing and IA No. 154080/2018-Exemption From Filing O.T. [To Go Before Three Hon’ble Judges] [Top of the List]) With SLP (Crl) No. 5648/2019 (II-C) (For Admission and I.R. and IA No. 89559/2019-Condonation of Delay in Filing) SLP (Crl) No. 5894/2019 (II-C) (For Admission and I.R. and IA No. 93147/2019-Condonation of Delay in Filing)
Special Leave Petition (Criminal) …………Diary No(s). 39528/2018; CRLA No. 1598/2013; IA No. 154077/2018; IA No. 154080/2018; SLP (Crl) No. 5648/2019 (II-C); IA No. 89559/2019; SLP (Crl) No. 5894/2019 (II-C); and IA No. 93147/2019
The Order of the court was delivered by
Order
1. A two-Judge Bench of this Court, while disagreeing with the view taken by a three-Judge Bench of this Court in Mohan Lal v. State of Punjab1 has referred the matter to a larger Bench vide order dated 17.01.20192. This Court in the Mohan Lal1 (supra) case held that the trial would stand vitiated if the complainant is the investigating officer. The two-Judge Bench of this Court, on the other hand, took the view in the referral order that while the fact that the complainant had himself conducted the investigation would be an aspect that would be given weightage while assessing the evidence on record, the same could not be said to vitiate the trial itself.
2. Having heard learned counsel for the parties and perusing the material placed before us, we are of the considered opinion that the issue involved in the instant matter needs to be resolved by a larger Bench.
3. We, therefore, direct the Registry to place the papers before Hon’ble the Chief Justice of India to constitute a larger Bench of five Hon’ble Judges to consider the matter.
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1 (2018) 17 SCC 627 : (2019) 4 SCC (Cri) 215
2 Mukesh Singh v. State (Narcotic Branch of Delhi), 2019 SCC OnLine SC 1096
