The five judge bench of The Supreme Court comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R.Shah and S.Ravindra Bhat clarified the legal point in the case of Mukesh Singh v. State (Narcotics Branch of Delhi) which was referred by the Division Bench. The court observed that prejudice or bias would depend on the facts and circumstances of each case, therefore because informant is the investigator, by that itself the investigation would not suffer the vice of unfairness or bias and therefore on the sole ground that informant is the investigator, the accused is not entitled to acquittal. It was also observed that NDPS Act is a special Act with special purpose which no officer acting in exercise of powers vested in him shall be compelled to reveal the source of information.
Accused Is Not Entitled To Acquittal Solely Because Informant Is The Investigator: Supreme Court
