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| Strictures passed against Investigating Agency | | Court acquits accused facing trial in NDPS | |
JAMMU, JULY 02- 2nd Additional Sessions Judge Jammu Mr. AK Koul, after hearing Additional Public Prosecutor appearing for state and Advocate Anil Bargotra with Adv Satinder Gupta appearing for the accused acquitted Harbans Singh facing trial in NDPS Act r/w Drug Control Ordinance, observed that the prosecution has failed in its attempt to bring whom the guilt against the accused and the main contributor to the failure of this case is the investigating agency.
Mr. Koul while acquitting the accused observed that the persons who have dealt with this case at investigation level, on scrutiny of the record and the statement of investigating officer, what is manifest is that professional skills of investigating agency are lacking at all stages. Usually breach of procedural requirements is found in almost all cases under NDPS Act. But in this case there are so many serious lapses which cannot be overlooked. An investigating officer need not be taught that the process of sampling is an importance exercise to be conducted during investigation, but the record of the case is silent as to when and how, the samples were taken. Samples, if any, taken and the remaining contraband remained unaccounted for eight days, re-sealing was done after eight days report of analysis was received in September and the charge-sheet was laid before the Court in December. There are no answers from any one, so it is a case of lack of professional excellence so much so the investigating officer even lacks knowledge about fundamental aspects of investigation. Anyway the case has failed in spite of huge recovery shown to have been affected from the accused. It is high time that the investigating officers considered the necessities of law and investigate the cases with desired promptitude and after observing the requirements of law so that no culprit escapes the clutches of law and no innocent is harmed unnecessary, Court said.
According to the prosecution case on July 23, 2005; a source report was received in the P/S Crime Branch that the accused was trafficking in drugs, this information led to registration of case u/s 15/16 NDPS Act and 5/6/13 DCO. Investigation was taken by an officer of the rank of DySP. The police party proceeded on spot to Malik Market, Channi, they intercepted accused, who was riding on a motorcycle. The accused was stopped for search and on search of his motorcycle two packets of poppy straw (Bhukki) weighing 700 grams and 500 grams were recovered on his personal search. He was taken into custody and during further enquiry 11 packets of Bhukki weihing 10 Kgs and 650 gms were recovered in an attaché in his room. After completion of the investigation challan was presented in the Court of law. Court after hearing both the sides acquitted the accused as the prosecution and investigating agency has failed to prove its case.
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