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| Low conviction in NDPS cases: DB directs Principal Secretary Home to file affidavit before June 11 | | | Early Times Report
Jammu, May 15: Taking serious note for low conviction in NDPS cases, the Division Bench (DB) of State High Court Jammu while treating a criminal acquittal appeal in NDPS Act filed by the ‘State of J&K Vs Ghulam Nabi & Ors’ today directed Principal Secretary to Home to file an affidavit furnishing details of pending cases under NDPS ACT before June 11.
A Division Bench of State High Court comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal after hearing Sr Adv Sunil Sethi for the PIL whereas Sr AAG Gagan Basotra appearing for the state observed that Compliance report filed by respondent-Director General of Police, Jammu and Kashmir, Srinagar in terms of order dated 16/09/2014would reveal that in a meeting chaired by Principal Secretary, Home on 25/08/2014,number of decisions were taken for effective investigation and prosecution of cases under NDPS Act.
“It remains to be known as to what action has been taken pursuant to the decisions recorded in the minutes of above mentioned meeting and whether the decisions are implemented on ground and directed to file a detailed action taken report, Division Bench said.
Division Bench further observed that any effort to improve investigation and prosecution in cases under NDPS Act would succeed only in case necessary mechanism is evolved on the basis of the statistics/data as regards the number of cases registered, volume and composition of contraband seized, number of samples of seized contraband referred to FSL for analysis, time taken by FSL to communicate analysis report to the investigating officer and the time taken for completion of the investigation and the results of investigation.
The information as regards rate of conviction and primary reasons for failure of the prosecution as also the rank of the investigating officers in the police hierarchy, would also be relevant while putting an efficient mechanism in place and directed Principal Secretary to Home is directed to file an affidavit detailing Number of cases with court-wise breakup under various provisions of NDPS Act pending as on 31.12.2013 in different Courts of the State. Court also sought details the number of experts in place as on date competent to analyze samples in all the branches/offices of FSL in the State, the Court-wise pendency of cases under NDPS Act in different Courts of the State as on 31/03/2015 and the training program if any organized for investigating officers so as to help them specialize in investigation of cases under NDPS Act and details of such courses and number of officers so trained.
Division Bench directed Principal Secretary Home to file an affidavit before June 11. |
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