Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Law When cannot be directed Investigation by CBI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law – Investigation by CBI – When cannot be directed – Appellant no.1 accused of indulging in sale of psychotropic NDPS substance – It is the case of the appellant no.1 that while he was travelling with regard to his business, he was illegally abducted, detained and a case under NDPS was foisted on him – Appellant no.1 and his father-appellant no.2 filed writ petition before High Court inter alia seeking direction to transfer the investigation to the CBI, which was declined – Revision petition filed by the appellant against order framing charges was also dismissed – On appeal, held: Power to transfer the investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency – In the present case, there is no issue of public importance which requires investigation by the CBI – Contention of the appellant that the offence alleged against him to have been committed on 21.10.2020 could not have been committed by him inasmuch as he was abducted from a different State and was already in illegal detention of the police on 20.10.2020, would be the defence in the criminal trial – Other aspects contended by the appellants could be established through evidence in trial before the competent court – Appellants would have the further remedy of the legal course available to them if they are dissatisfied – Thus, when the issue raised is only a matter of evidence to be considered in the judicial proceedings to arrive at a conclusion, a direction to the CBI to hold an investigation would be unjustified – Impugned orders not interfered with – NDPS Act – ss. 29 r/w ss. 22(b), (c), 25, 27 – Code of Criminal Procedure, 1973 – s. 313. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2023 INSC 180 |
Petitioner | Royden Harold Buthello & Anr. |
Respondent | State Of Chhattisgarh & Ors. |
SCR | [2023] 3 S.C.R. 150 |
Judgement Date | 2023-02-28 |
Case Number | 634 |
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