Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas

Posted on by Rudrajyoti Nath Ray

My Lord, Informant-Investigating Officer?

“The principle of fair trial now informs and energizes many areas of the law. Societal interest mandates, Mohan Lal cannot be allowed to become a spring board for being catapulted to acquittal, irrespective of all other considerations. If the facts in Mohan Lal were telling with regard to the prosecution, the facts in the present case are equally telling with regard to the accused. We therefore hold, all pending criminal prosecutions/trials/appeals prior to the law laid down in Mohan Lal shall continue to be governed by the individual facts of the case.”

– Hon’ble Justice Navin Sinha, Varinder Kumar v. State of Himachal Pradesh, [Criminal Appeal Nos. 2450-2451 of 2010].

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