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Issues: Whether, under the Narcotic Drugs and Psychotropic Substances Act, 1985, the detecting officer can also act as the investigating officer and file the report, and whether such a course by itself vitiates the proceedings.
Analysis: The Act permits empowered officers to carry out search, seizure, arrest and investigation, and the provisions of the Code of Criminal Procedure, 1973 apply so far as they are not inconsistent with the Act. The earlier view that the complainant and investigating officer cannot be the same person was examined against the statutory scheme and the Supreme Court authorities on search, seizure and investigation under the Act. The decisive consideration is whether the officer is empowered and whether any specific prejudice is shown to have been caused to the accused. In ordinary NDPS cases, the main investigative steps are often completed at the stage of seizure and arrest, and mere identity of the detecting and investigating officer does not, by itself, invalidate the prosecution.
Conclusion: The same officer may investigate and file the report in an NDPS case if empowered, and the proceedings are not vitiated merely on that ground in the absence of proof of specific prejudice; the contrary view was overruled.
Ratio Decidendi: In NDPS prosecutions, investigation by the detecting officer is not per se illegal where the officer is empowered under the Act, and invalidity arises only if the accused shows specific prejudice or statutory non-compliance causing prejudice.
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