madhu babu
(Querist) 17 November 2011
This query is : Resolved
can the detection officer in state excise[Andra pradesh] department be the investigating officer in the case?
Satya Mani Tiwari
(Expert) 18 November 2011
Its correct that in most cases, the officer who has prepared the seizure memo may not be the I.O of the case, this is to keep transparency in criminal investigation,in case there is no other officer present to investigate & if he is not the complainant then he can invesigate if the same is entrusted to him by his superior oficer.
In the cases related to NDPS Act & other cases of serious nature where the punishment is 10 years to life the officer who has made a seizure cannot be the I.O.
Guest
(Expert) 18 November 2011
Dear Madhu Babu,
Probably you are confusing and misquoting the term investigation officer for the term inquiry officer. In fact, both the terms confuse several persons and are considered by them as to mean one and the same thing.
In fact detection and preliminary investigation can be made by the same officer, known as investigation officer. BUT, further inquiry to verify the truth as reported by the investigation officer has to be made by an independent officer, known as inquiry officer.
So, the officer, who made preliminary investigation in any offence cannot be an inquiry officer.
Rajeev Kumar
(Expert) 18 November 2011
I agree with experts
Sailesh Kumar Shah
(Expert) 22 November 2011
Agree with opinion expressed All experts and particularly Shri PS Dhingra.
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