In Brief
A man was convicted under the NDPS Act for possessing opium. The investigating officer was the same person who filed the initial complaint. The Supreme Court held that in criminal cases, especially those carrying reverse burden of proof like drug offences, the informant and investigator must be different persons. When they are the same, it creates unavoidable appearance of bias and vitiates the prosecution without requiring the accused to prove prejudice. The Court approved the principle that fair investigation is a constitutional guarantee and set the accused free.
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