E SIVAKUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This special leave petition takes exception to the judgment and order of the High Court of Judicature at Madras dated 26th April, 2018 in Writ Petition No.19335 of 2017, whereby the High Court has issued a writ of mandamus to transfer the investigation of a criminal case concerning the illegal manufacture and sale of Gutkha and Pan Masala, containing Tobacco and/or Nicotine, to the Central Bureau of Investigation ("CBI").

(2.) The petitioner has been named as an accused in the FIR because of his alleged involvement in the crime under investigation. The petitioner at the relevant time was posted on deputation as Food Safety Officer in the Food Safety and Drug Administration Department, Ministry of Health. The stated crime was being investigated by the State Vigilance Commission, constituted by the State of Tamil Nadu, headed by a Vigilance Commissioner. The gravamen of the challenge to the impugned judgment is on four counts:

(3.) To buttress the above-mentioned grounds of challenge, reliance is placed on the decision of this Court in the case of State of Punjab Vs. Davinder Pal Singh Bhullar and Ors., 2011 14 SCC 770