In Brief
In this constitutional reference concerning investigations under the Narcotic Drugs and Psychotropic Substances Act (NDPS), the Supreme Court examined whether a trial is automatically vitiated when the informant and investigating officer are the same person. The Court held that the NDPS Act does not prohibit such dual roles; instead, its statutory scheme permits them. The Court overruled the blanket rule in Mohan Lal v. State of Punjab, holding that bias and prejudice cannot be presumed but must be proven on case-by-case facts. An investigation is fair if proper procedures are followed and the informant/investigator's evidence can be tested through cross-examination at trial, like any other witness testimony.
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