AMAR DUTT, J. - (1.) PETITIONER -Babbar Singh, from whom 320 grams of opium is alleged to have been recovered by the police on 9.6.2000, is seeking bail primarily on the ground that the investigation of the case was conducted by the same officer, who had got recorded the F.I.R. and on this ground to legality of the investigation becomes questionable and entitles the petitioner to be released on bail.
(2.) HAVING given my thoughtful consideration to the aforesaid submission, I find myself unable to accept the same. For advancing the submission, learned counsel relied upon the view taken by this Court in Risala v. State of Haryana, 1996(2) Recent CR 707 in which a Single Judge of this Court had, after relying upon the observations contained in Darshan Kumar v. State of Rajasthan, 1991 Crl.L.J. 737 and Megha Singh v. The State of Haryana, AIR 1995 Supreme Court 2329, accepted the submission that the validity of the investigation by an officer, who had lodged the F.I.R. regarding the offence, would be debatable.
(3.) LEARNED counsel for the State, however, relies upon two judgments reported as Piara v. State of Punjab, 1995(3) Recent CR 158 and Kashmir Singh v. State of Haryana, 1997(4) Recent CR 653 in which while taking into consideration the observations made in the aforesaid cases, this Court had come to the concision that no fault could be found with such investigation in view of the provisions of Section 67(c) of the NDPS, Act, which specifically enables such an officer to record statements and conclude the investigations. To the same effect is the view taken in Jai Singh v. State of Haryana, 1996(1) Crimes 170.;