https://www.taxtmi.com/caselaws?id=371787 A prosecution under the NDPS Act is vitiated where the same person acts as complainant, seizing or apprehending officer, and investigating officer, because investigation must be fair and must also appear fair. Reading Mohan Lal, the Delhi HC held that this prohibition is not limited to cases where the informant investigates; it applies equally when the accusation and investigation are both handled by the same officer. The Court also held that proof of actual prejudice is unnecessary, since such a combination creates a real apprehension of bias and undermines Article 21 fair trial rights. On the facts, PW-1 was both complainant and investigating officer, so the conviction could not stand. en-us Thu, 25 Oct 2018 00:00:00 +0530 Mon, 10 Dec 2018 16:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371787 A prosecution under the NDPS Act is vitiated where the same person acts as complainant, seizing or apprehending officer, and investigating officer, because investigation must be fair and must also appear fair. Reading Mohan Lal, the Delhi HC held that this prohibition is not limited to cases where the informant investigates; it applies equally when the accusation and investigation are both handled by the same officer. The Court also held that proof of actual prejudice is unnecessary, since such a combination creates a real apprehension of bias and undermines Article 21 fair trial rights. On the facts, PW-1 was both complainant and investigating officer, so the conviction could not stand. Case-Laws Indian Laws Thu, 25 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371787