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High Court ask J&K Govt to constitute special courts PIL regarding low conviction in NDPS cases 7/11/2014 12:15:56 AM Early Times Report JAMMU, July 10: Division bench of High Court today directed state government to constitute special courts for dealing with offences under Narcotic Drugs and Psychotropic Substances (NDPS) act. Division Bench of High Court comprising of Chief Justice M.M.Kumar and Justice Tashi Rabstan after hearing Sr. Advocate Sunil Sethi assisted by Adv Ravi Abrol alongwith Senior AAG Gagan Basotra for the state expressed dismay over the fact that direction of the Supreme Court to constitute special courts for dealing with cases under NDPS act has not been complied with. Supreme Court after noticing high pendency of cases had in a case titled Thana Singh v. Central Bureau of Narcotics Apex Court given specific direction to state of Jammu and Kashmir to constitute Special Courts for dealing exclusively with offences of NDPS. Division Bench directed Chief Secretary, Home and Law departments to comply with the directions and submit a compliance report before the next date of hearing, failing which the Secretary Home Department and Secretary Law and Justice Department shall remain present in person on the next date of hearing. When this PIL came-up for hearing, Division Bench observed that this public interest litigation has emerged while hearing Criminal Acquittal Appeal no.D-107/2010. In the order dated 14-02-2013, we have noted various features of NDPS cases and has observed in the aforesaid order that almost every day acquittal appeals are filed by the state against many orders passed by the trial Courts and it is revealed that on account of non production of material witnesses' prosecution has failed. Upon this Division Bench observed that as the State of Jammu and Kashmir is a party to the proceedings before the Supreme Court in Thana Singh's case, the order passed by Supreme Court has to be complied with in letter and spirit. Compliance report by the Chief Secretary, J&K Government, Department of Home and Department of Law and Justice shall be filed before the next date of hearing with a copy in advance to the Amicus Sunil Sethi. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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