VidhiSangh

Supreme Court of India · 28/02/2023

ROYDEN HAROLD BUTHELLO & ANR. versus STATE OF CHHATTISGARH & ORS.

[2023] 3 S.C.R. 150 · 2023 INSC 180

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Summary

A Mumbai businessman charged under the NDPS Act with attempting to sell cocaine in Raipur on 21 October 2020 alleged that Chhattisgarh police had abducted him from a hotel in Odisha the previous day, so the offence could not have been committed, and with his father sought a CBI investigation and quashing of the charge-sheets; the Chhattisgarh High Court refused transfer and declined discharge. The Supreme Court dismissed both appeals: transfer to the CBI is an extraordinary power to be exercised sparingly where a fair trial cannot otherwise be secured, the alleged abduction is essentially a defence to be established by evidence at the trial already in progress, the named officers are to be examined as witnesses, and the appellants retain remedies including action for malicious prosecution if framing is proved.

Issues

  1. Whether an accused's allegation that he was illegally abducted and detained by the State police before the alleged offence, which is seriously disputed on affidavits, warrants transfer of the investigation to the CBI under Article 226 after charges have been framed and trial has commenced.

Provisions considered

Held

Result

Appeals dismissed with no order as to costs; Chhattisgarh High Court orders dated 10.01.2022 declining CBI investigation and dated 15.09.2021 declining discharge upheld; all contentions of the appellants left open before the trial court.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 150.