Referred to Larger Bench XIV: 4 Kilograms of Opium

We find it difficult to accept the view taken in Mohan Lal. It was held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant himself, appropriate weightage was given while appreciating the evidence. In a given case, where the complainant himself had conducted investigation, such aspect of the matter can certainly be given due weightage while assessing the evidence on record but it would be completely a different thing to say that the trial itself would be vitiated for such infraction. Since we are in respectful disagreement with the view taken in Mohan Lal, the view requires a Bench of Three Hon’ble Judges.

Hon’ble Judges U.U. Lalit and M.R. Shah, Mukesh Singh v. State, [SLP (Criminal) Diary No. 39528 of 2018].