9911796707
TMI Blog2009 (4) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... accused - Aggrieved by the judgment of the HC, the State, through Inspector of Police, referred a special leave petition under Article 136 - Whether P.W.6 who registered the crime could have investigated the case or an independent officer ought to have investigated the case - HELD THAT:- In Megna Singh v. State of Haryana [ 1995 (2) TMI 445 - SUPREME COURT] , this Court has taken a categorical view that the officer who arrested the accused should not have proceeded with the investigation of the case. The ratio of Megna's case has been followed by other cases. In another case in Balasundaran v. State 1999 [ 1999 (7) TMI 672 - MADRAS HIGH COURT] , the High Court took the same view. '' No doubt the successor to P.W. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmation, P.W.5 met P.W.6 and appraised him of the said fact. Thereafter, PWs 4, 5 and 6 went to the said departmental store and arrested the accused. The accused was found in possession of a bag which contained the narcotic substance. The accused was informed of his right under section 50 of the Act. Thereafter, the bag was searched and the officers found 5 Kgs. of opium in the said bag. After taking 10 grams of opium for sample, the remaining opium was also taken in a packet. The sample packet as well as the other packet was sealed in the presence of the witnesses. The accused was brought to the police station. P.W.6 registered a case in Crime No. 64 of 1994 and took up investigation. Ex.P.7 is the copy of the printed first information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the crime could have investigated the case or an independent officer ought to have investigated the case. The learned counsel appearing for the accused submitted that the controversy involved in this case is no longer res integra. In Megna Singh v. State of Haryana (1996) 11 SCC 709, this Court has taken a categorical view that the officer who arrested the accused should not have proceeded with the investigation of the case. The relevant paragraph reads as under: 4. ........ We have also noted another disturbing feature in this case. P.W.3, Sri Chand, Head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information ..... X X X X Extracts X X X X X X X X Extracts X X X X
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