26/01/2022
2021 P Cr. L J 55
Control of Narcotic Substances Act (XXV of 1997)---
----S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 8---Name of informer, non-disclosure of---Scope---Police was legally not bound to mention name of informer (spy) in FIR---Police had legal protection to keep secret the name of informer (spy).
Control of Narcotic Substances Act (XXV of 1997)---
----S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 63 & 167---Discharge of accused---Complainant as investigating officer---Scope---Accused was arrested for recovery of 3800 grams of Charas from car driven by him---Duty Magistrate instead of sending accused to judicial lock up discharged him of the offence as complainant himself had investigated the case---Validity---No legal bar existed that complainant of case registered under Control of Narcotic Substances Act, 1997, could not be the investigating officer of that case---Functioning of police officer in a case of narcotics, in his dual capacity as a complainant and as an investigating officer, was neither illegal nor unlawful, so long as it did not prejudice the case of accused person---Question of prejudice (if any) could not be proved at the time of trial and an accused could not be discharged on such ground without recording of evidence by Trial Court---High Court set aside order passed by the Magistrate as the same was result of colourful exercise of his powers and was passed on the basis of extraneous reasons---High Court directed to take accused in custody and remanded the matter to Magistrate to decide application for judicial remand---Constitutional petition was allowed, in circumstances.