The Division Bench of Justice A.S. Bopanna and Justice Ahsanuddin Amanullah of the Apex court in the case of Royden Harold Buthello & Anr Vs State of Chhattisgarh & Ors held that when the issue raised pertains to a matter of evidence directing Central Bureau of Investigation (hereinafter referred to as “CBI”) for investigation is not justified.
In the present case, there was no issue of public importance which existed or required to be unearthed by an investigation to be conducted by the CBI. Furthermore, if the Appellants prove that they were maliciously involved and prosecuted, there exists a legal remedy for loss of reputation, compensation and other such reliefs. Therefore, the Court denied directing CBI for further investigation.
Brief Facts:
An FIR was registered against Appellant No.1 under Section 29 R/w Sections 22(b), 25 and 27 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”).
The Appellants claimed that Appellant No. 1, a qualified citizen who was travelling for business, was illegally abducted and detained and a case under the NDPS has been foisted on him. This is why online complaints were also registered by Appellant No.2. The Appellants prayed to quash the charge sheet and also prayed to direct for investigation under the supervision of the Court, by the CBI.
Contentions of the Appellant:
It was contended that the said offence could not have been committed in Raipur as the Appellant was at that time in the illegal custody of the Police officer. It was further contended that the case has been foisted on the Appellant which took away his personal liberty.
Contentions of the Respondent:
It was argued that the Police discovered the Appellant engaged in illegal activity in Raipur itself where he was captured, and as a result, proceedings were started. It was further contended that the request for a CBI inquiry is unjustified and further the Court's laid-down rules for investigation requests do not allow the CBI to be involved in every case in which the Accused claims law enforcement.
Observation of the Court:
The Court observed that although no rigid rules or rigid formulas are established, the ability to transfer the investigation is an extraordinary power. It should only be used in exceptional cases where the Court determines that there is no other way to ensure a fair trial without the intervention and investigation of the CBI or another specialized investigating agency with the necessary expertise after carefully considering the facts and circumstances.
In the present case, there was no issue of public importance which existed or required to be unearthed by an investigation to be conducted by the CBI. Furthermore, if the Appellants prove that they were maliciously involved and prosecuted, there exists a legal remedy for loss of reputation, compensation and other such reliefs.
The issue raised pertained to a matter of evidence and therefore, directing CBI for investigation was held to be not justified. Further, it was opined that when the trial has progressed unhindered, there is no reason to direct CBI-led investigation.
The decision of the Court:
Based on the abovementioned findings, the Supreme Court dismissed the appeals.
Case Title: Royden Harold Buthello & Anr Vs State of Chhattisgarh & Ors
Coram-Hon’ble Justice Mr. A.S. Bopanna, Hon’ble Justice Mr. Ahsanuddin Amanullah
Case No. CRIMINAL APPEAL NO.634 OF 2023
Citation: 2023 Latest Caselaw 156 SC
Advocates for the Appellant- Adv. Shri Shyam Divan, Shri Gopal Sankarnarayanan
Advocate for the Respondent- Adv.Dr. Abhishek Manu Singhvi
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