The Supreme Court on Friday declined to interfere with a Madras High Court order handing over the investigation into the illegal manufacture and sale of gutkha in Tamil Nadu to the Central Bureau of Investigation.
“...we do not intend to deviate from the conclusion reached by the High Court that in the peculiar facts and circumstances of the case, it is but appropriate that investigation of the crime in question must be entrusted to the CBI,” a Bench, comprising Chief Justice Dipak Misra, Justice A.M Khanwilkar and Justice D.Y. Chandrachud, said.
The court rejected the contentions of E. Sivakumar, an accused in the case and who was on deputation as Food Safety Officer under the Health Ministry at the relevant time when the matter was being investigated by the State vigilance officials. It did not agree that ordering a CBI probe without informing those named in the FIR was wrong.
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The petitioners who had approached the Madras High Court in public interest had said the illegal gutkha business involved alleged payment of huge bribes to Ministers and some top police officers for the manufacture and sale of gutkha. This had come to light during searches conducted by the Income Tax department on the business premises of the manufacturers of gutkha.
The Bench said the question regarding the need for a fair and impartial investigation of a crime “whose tentacles were not limited to Tamil Nadu”, besides involving high-ranking officials of the State and Central government, had been directly answered by the High Court. Its decision was aimed at instilling confidence in the minds of the victims as well as the public at large.
The Bench said it would restate the HC’s observation that “the transfer of investigation to the CBI is no reflection on the efficiency or efficacy of the investigation done by the State Vigilance Commission.”
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