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Court passes strictures against Investigating Agency
Prosecution failure leads to acquittal in NDPS case
6/30/2016 11:12:36 PM
Early Times Report

Jammu, June 30: Principal Sessions Judge, Udhampur, R S Jain today ordered the acquittal of two accused, from whose possession over 200 kg poppy straw was alleged to have been recovered, due to the prosecution failure to prove the case against them.
According to the police case, 226 kg poppy straw was recovered from the possession of Nazir and Joginder Singh.
Acquitting them, the judge said, "I am constrained to observe that day in day out, despite pointing out the flaws in the investigation of NDPS cases by courts, police administration has done precious little to ensure that the loopholes in investigations are plugged. The investigations are being carried out either by inefficient officers backed by poor supervision or are being deliberately shaped to ensure that the trial ultimately ends in the acquittal of the accused otherwise, there is no way that cases of NDPS can end in acquittal. Despite the enforcement of NDPS Act for the last two to three decades, investigations and supervision are so poorly handled that it won't be long before this state too becomes a heaven for drug users though mercifully the narco-politico angle is yet to come to light in the state. Taking a cue from other investigating agencies, police administration would do well to scrutinise every NDPS case ending in acquittal and plug the loopholes leading to the acquittal and at the same time ensuring that IOs, supervisory officers and prosecution wing which scrutinise the case at pre-institution stage are censured for inefficient handling of the case and the leading to the acquittal. I may also mention that talking to the prosecution officer, I have expressed my concern as to why they don't point out flaws in investigations so that they can be rectified and the usual reply is that they give in writing the flaws but are overruled by supervisory police officers who pass the challan as being fit for being instituted in the court".(JNF)
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