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| DB issues notice to Home Secretary, DGP | | Acquittal appeal in NDPS Act treated as PIL | | Early Times Report
Jammu, Feb 15 (JNF) : A Division Bench of State High Court Jammu Wing comprising Chief Justice MM Kumar and Justice Hasnain Massodi today treated a criminal acquittal appeal in NDPS Act filed by the State of J&K Vs Ghulam Nabi & Ors and took serious note for low conviction in NDPS Cases and observed that Almost everyday 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.
The DB also observed that another common feature discernible from the order passed by the trial Court is that the case property has not been produced. We asked the learned State counsel to disclose as to whether there is any mechanism for fixing the responsibility of Investigating Agency, Prosecuting Agency and other person associated with the prosecution of the challan before the trial Court. There is no satisfactory reply. We have been informed by the learned State counsel that the rate of conviction particularly in NDPS cases is very low which may be 10% to 12%. This raises serious question with regard to the method used for disposing of the case property. For example in the present appeal 400 grams of Charas was claimed to have been recovered on the spot and then on visiting the house another one Kg of Charas was recovered. We are not aware whether any effective steps have been taken for disposal of contraband.
Division Bench after hearing Deputy AG S Hakim appearing for the state and Adv Rupinder Singh appearing for the respondent, observed that On account of the fear that such contraband might be recycled and illegally sold, Division Bench directs the Home Department to disclose The data with regard to challans in all NDPS cases which have been filed and the rate of success in prosecuting such cases. If the rate of success is low like 10% to 12% whether any study has been undertaken to plug the loopholes in prosecution of such cases. Whether any mechanism for fixing the responsibility on the Investigating Agency or Prosecuting Agency? Whether any steps have been taken to dispose of the case property like contrabands?
Division Bench directed Home Dept to a file a comprehensive report answering the aforesaid questions and other related issues a week before the date fixed and directed the Registry to register this as Public Interest Litigation. |
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