KANAYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the judgement and order dated 18th April, 1988, the respondent No. 5. Central Bureau of Investigation (CBI) was directed to undertake the investigation of the case and to submit its report in accordance with law. The CBI, Ahmedabad has addressed a letter to this Court stating that the CBI. Ahmedabad Branch is only competent to investigate the cases which are notified under Suction 3 of Delhi Special Police Establishment Act and such a notification under Section 3 of the Delhi Special Police Establishment Act is essential in this case and therefore it is necessary to issue a direction to the Central Government to issue such a notification.

(2.) Mr. M.D. Pandya, learned Public Prosecutor, appearing for the CBI has shown a letter dated 21st October, 1980 from Deputy Legal Advisor (II)/CBI to All Superintendents of Police, Special Police Establishment, Central Bureau of Investigation enclosing therewith a list of offences notified under S.3 of the Act and item No. 1 of the list shows several Sections of Indian Penal Code including Sections 302, 303, 304, 304-A, 307 and 308 of IPC. In view of this no notifications is required to be issued under S.3 of the Act.

(3.) Mr. Pandya further pointed out that under S.174 of Criminal Procedure Code whenever an investigation into suspected death is required to be carried out, it can be done only by the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf. As far as Section 174 is concerned, it is a procedural Section and not a substantive Section defining or prescribing offences and Central Government cannot issue any notification under Section 3 of the Act for the purpose of Section 174 of Cr. P.C. In the case of State of W.B. v. Sampat Lal, reported in AIR 1985 SC 195 in para 13 the Supreme Court considered the question whether High Court could appoint CBI to inquire into the matter in absence of proper consent of the State Government and the Supreme Court observed as follows :