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| DB issues direction in PIL regarding acquittal in NDPS | | | JAMMU, Dec 19: Taking serious note for low conviction in NDPS cases, the Division Bench 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 observed 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.
Division Bench of State High Court Jammu Wing comprising Chief Justice MM Kumar and Justice Hasnain Massodi while responding to above mentioned case observed 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.
When PIL was taken-up today, Division Bench observed that in the last few orders, this Court have issued various directions to solicit suggestions to remedy the situation with regard to NDPS cases. "In many cases the trial Court ends up acquitting the accused on account of tardy investigation which many times leave the impression that it is either done deliberately or there is lack of investigation skill, Court said and observed, "it appears that the tools of investigation are archaic and those who are at the helm of affairs are not well trained."
Meantime DB also made mention of suggestions made by Senior Adv Sunil Sethi and furnished a copy of same to Senior AAG Gagan Basotra Basotra. Court also said, "Even in the affidavit filed by the State Government in March, 2013 it has been pointed out that the State Government would constitute a committee to study the case law and find out the reasons for tardy investigation of NDPS cases."
Division Bench observed that Sr. AAG Gagan Basotra, is not in a position to apprise the Court whether committee has been set up in accordance with the stand taken in the affidavit filed in March, 2013 and impressed upon Senior AAG to involve all the stakeholders in order to consider the suggestions made by the Court counsel and come forward with concrete solution so that the State may be able to perform its basic function of segregating the criminals from the law abiding society. Division Bench adjourned the matter to await concrete solution which may be made by the committee comprised of all stake holders. (JNF) |
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