Court Questions CBCID Investigation; Additional Director General of Police Directed to Appear
In a significant development, the Madras High Court has expressed serious concerns over the investigation into the issuance of fake No Objection Certificates (NOCs) allegedly benefiting individuals seeking to establish petrol bunks. The Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan has directed the Additional Director General of Police, CBCID, to appear in court to discuss the constitution of a Special Investigating Team (SIT) to ensure a thorough and fair probe.
The case, which has attracted considerable attention, involves allegations that beneficiaries received fake certificates under questionable circumstances, potentially implicating them in wrongdoing. Despite the investigation being underway, the court noted that many beneficiaries have not been made accused, raising concerns about the fairness and direction of the probe.
Petitioner V.B.R. Menon argued that the issuance of fake certificates was clearly intended to unduly benefit certain individuals. He claimed that the beneficiaries were aware that they had not applied for the certificates nor undergone the necessary inspections, making them prima facie complicit in the scheme. The court acknowledged the petitioner's assertions, noting the absence of charges against beneficiaries in most districts except Dindigul and Erode.
The State Counsel defended the ongoing investigation, stating that no incriminating evidence had been found against the beneficiaries. However, the court expressed dissatisfaction with this explanation, highlighting that statements from beneficiaries indicated interaction with accused persons to obtain the NOCs.
The court's order emphasized the need for a proper, independent investigation to uncover the truth. It directed the appearance of the Additional Director General of Police, CBCID, to facilitate the establishment of a high-powered agency that would oversee the investigation.
The case is set for further hearing on February 10, 2026, with instructions for confession statements recorded under Section 27 of the Indian Evidence Act or its corresponding section in the Bharatiya Sakshya Adhiniyam, 2023, to be submitted prior to the hearing. This directive aims to ensure all relevant evidence is considered in the pursuit of justice.
Bottom Line:
Issuance of fake NOCs for establishing petrol bunks - Investigation not properly carried out against beneficiaries - Court directs appearance of Additional Director General of Police, CBCID, for deciding on constitution of a Special Investigating Team for proper and fair investigation.
Statutory provision(s): Section 161 of the Code of Criminal Procedure, Section 27 of the Indian Evidence Act, Bharatiya Sakshya Adhiniyam, 2023
