Excelsior Correspondent
JAMMU, Sept 16: In a Criminal Acquittal Appeal treated as PIL, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan today directed the State to expedite process for creation of four special courts for trial of cases under Narcotics Drugs and Psychotropic Substances Act.
After hearing Advocate Ankesh Chandel for the PIL whereas Senior AAG Gagan Basotra for the State, DB observed, “the minutes of the meeting held under the chairmanship of Principal Secretary to Government, Home Department on August 25, 2014 have been placed on record with the application filed by the Principal Secretary, Home seeking exemption from the personal appearance”.
“According to the minutes, a comprehensive affidavit by IGP Crime has been submitted and on the suggestions made by Amicus, PHQ constituted a committee of officers under the chairmanship of IGP Crime to examine the issue as reflected in the judgment dated 14.02.2013 of the Supreme Court rendered in the case of Thana Singh Versus State of Punjab”, the court said, adding “it has been stated in the minutes of meeting that after threadbare discussion on various issues the committee of the officers took five decisions”.
These decisions include Director General of Police will examine the report of the committee of officers along with the SOPs prepared by them as also the suggestions relating to speedy trial in NDPS cases and submit a report along with his recommendations to the Home Department for adoption. The Department of Law, Justice & Parliamentary Affairs will intimate the Home Department about the latest status of establishment of Special Courts for NDPS cases. Besides, the Department of Law, Justice & Parliamentary Affairs will furnish reports regarding the steps taken for implementation of directions. DGP and Director, FSL will comply with the directions at and furnish their reports in this behalf to the Home Department. PHQ will take necessary steps in so far as implementation of directions in judgment. Police Headquarter will submit a proposal to the Home Department for further reference to the Department of Law, Justice & Parliamentary Affairs for designating CPOs as Special Public Prosecutors in NDPS cases subject to provisions of NDPS Act.
Division Bench directed DGP, Department of Law, Justice & Parliamentary Affairs and the PHQ to file the status report about these five decisions. “The sanction for creation of four courts exclusively for hearing of NDPS cases has to be accorded and the Finance and all other departments shall expedite the same as directions issued by the Supreme Court have to be complied with”, the DB made it clear.
“We are conscious of the fact that on account of flood situation there may be some delay, but effective steps still have to be taken for establishing four Special courts to deal with NDPS cases and the re-designation of two Sessions Courts should be avoided as far as possible because the officers are already overburdened with trial work”, the DB directed.
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