Early Times Report
JAMMU, Mar 14: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Mohan Lal while dismissing acquittal appeal in NPDS Act, observed that it is the duty of the Inspector General of Police, Jammu Zone, Jammu to ensure that the enquiry ordered by him is taken to the logical conclusion and the delinquent officials are made accountable. This will be necessary to send a signal to the Investigating Officers, particularly those, investigating cases under NDPS Act to remain vigilant in future and perform their duties diligently so that people who indulge in drug trafficking are brought to book.
This significant judgment has been passed in an application by the Union Territory of Jammu & Kashmir seeking condonation of delay of 327 days in filing leave to appeal application to assail the judgment of acquittal dated 6th September, 2019 recorded by the Court of Principal Sessions Judge, Reasi in file No.12/Sessions titled State v. Partap Singh, whereby the trial Court has acquitted the respondent-accused in FIR No.54/2013 of Police Station, Katra for offences under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"].
DB after hearing AAG Ravinder Gupta for the UT, while dismissing the appeal filed by UT observed that before we part with this judgment, we deem it appropriate to notice that this Court vide order dated 09.12.2020 had directed the applicant to apprise the Court as to whether action has been taken or proposed to be taken against the Investigating Officer, who did not appear as a witness in the case as also the Public Prosecutor, who failed to take requisite steps for examination of the Investigating Officer and other relevant witnesses.
DB further observed that in response to the aforesaid interim order passed by this Court, Senior Superintendent of Police, Reasi has filed a status report and has also placed on record a copy of order No.164 of 2021 dated 10.02.2021. A perusal of the order indicates that the Inspector General of Police, Jammu Zone has ordered an enquiry to be conducted by Imtiyaz Ahmed, Dy.S.P, S.O. to DIG, UR Range, Udhampur against Inspector Sanjeev Gupta, the then SHO, Police Station, Katra, Constable, Sudesh Kumar No.201/CR and Const. Gurcharan Singh No.532/U. We are, however, not aware as to whether the enquiry ordered by the Inspector General of Police, Jammu Zone has been taken to its logical end or not. —JNF |
