news details |
|
|
| HC for investigation of NDPS cases by Specialized Hands | | | EARLY TIMES REPORT
JAMMU, Dec: 23 (JNF):- In a petition filed by Mukitar Ahmed & Ors under Trials in NDPS Act seeking stay of proceeding before the Trial Court as the Trial Court after opportunities to prosecution has closed the right of prosecution but an application u/s 540 CrPC was filed by the State for calling Investigating Officer IO and SDPO Banihal which was opposed by the accused but ultimately allowed by the Sessions Judge Ramban vide its order February 23, 2010 which was challenged by the accused petitioners.
Justice Virender Singh of J&K High Court Jammu Wing after hearing Adv PN Goja appearing for the petitioners whereas Deputy AG BR Chandan for the state has dismissed the petition having no merit in it and observed that cases falling under NDPS Act are not to be taken lightly/casually neither by the prosecution nor by the Court. Such type of cases are required to be put on fast track by the Court, may be by disturbing its regular calendar. In such type of cases, the number of witnesses are very few, mainly the witnesses of recovery, which includes the Investigating Officer also. Therefore, trial Court should ensure that the witnesses to the recovery, which are hardly 3/ 4 in number are examined in one set on one particular date at least, that too by fixing a short date after charge(s) are framed against the accused. The investigating officer of the case can be called by the Public Prosecutor in advance to ensure the presence of witnesses on the date(s) fixed by the trial Court. By doing so, Court is of the view, within a short span, the prosecution can exhaust its list and thereafter by giving a reasonable opportunity to the accused for producing his evidence in defence, if he so chooses, certainly after recording statement under Section 342 Cr.P.C., the entire trial process can culminate within four to six months.
At the same time, cases under N.D.P.S. Act should be handled only by those police officer(s), who has been imparted special training in this regard and are in know of the provisions of the Act. Mishandling of the case of this type has far reaching effect, which in turn, can disturb the entire social fabric. Therefore, a sincere effort is required in this direction so that real culprit involved in the nefarious activity does not have any escape, simply on account of procedural flaws at the end of the prosecution.
Court has been informed that Narcotic Central Bureau (J&K Zone) is already functional in the State. Therefore, it would be most appropriate, if the cases registered under N.D.P.S. Act are investigated by specialized hands.
Court further directed Registrar Judicial that copy of this order be sent to all District & Sessions Judges, Chief Secretary/ Director General of Police (DGP), State of Jammu and Kashmir, and also to Incharge Narcotic Central Bureau (J&K Zone) for immediate attention and appropriate action. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
