Low conviction rate

Drug peddling is a crime under law. The illegal practice has increased in our State and there is steady increase in the number of persons involved in the trade. At the same time, police and anti-drug establishment in the State have also accelerated their anti-drug drives. But prevention of drug peddling is not as easy as we might think. The reason is that in the first place, drug peddlers have formed clandestine networks which are not easy to handle. Secondly, since big money is involved in drug peddling, it is possible for the drug peddlers to bribe even the high ranking authorities who, in turn, would take the issue without due seriousness.
On examining a PIL case pertaining to low conviction rate in Narcotics Drugs and Psychotropic Substances Act (NDPSA) cases during the past one and half year, the Supreme Court of India found that there was huge pendency of cases under the Act in regard to the State of Jammu and Kashmir. It came to the conclusion that if the existing speed and system continued, justice would not be done and long rope given to prosecution process ultimately results in most of the accused drug peddlers escaping the clutches of law.  Therefore, on 23 January 2013,  the Apex Court issued orders to the J&K State that it should open special court to dispose off cases. The number of these special courts would be proportionate to and sufficient for handling the volume of pending cases in Jammu and Kashmir.
The question of drug peddling and related matters came up before the State High Court when it was considering a PIL case pertaining to drug peddling.  The Division Bench was surprised to find that the directive of the Apex Court had not been followed and implemented by the State Government. Non-compliance of the orders of the Apex Court could also be taken as contempt of court and the State Government would be in an embarrassing situation if that happens. The point is that according to the findings of the Division Bench there is hardly 10 to 12 per cent conviction of drug peddlers in the courts of J&K State. The reason given for this is that either there is nexus between the drug peddlers and the law enforcing authorities or there is lack of skill in prosecuting the indicted persons. For example in the  year 2008, out of 74 cases registered under NDPSA, only 7 cases were returned while the remaining were acquitted most probably owing to tardy investigation and absence of proper skills of investigation. It is revealed that in the year 2008, 138 cases were sent for trial and there were 1151 cases pending in respect of the previous years.
The High Court Bench has taken a serious view of the State Government not responding to the directives of the Apex Court according to which the Government was supposed to open special courts which would try drug peddling cases. It is more than a year that the Apex Court’s orders were issued and till date the State Government has not done anything. The DB was told that the State Government has constituted a committee with the IGP as its chairman to conduct survey of drug pending cases in various courts of the State. It is reported that the survey has been done but the report is still  lying in police headquarters and the authorities say that  unless the DGP examines the entire report it cannot be forwarded to the proper quarters. The report has been waiting the green signal from the DGP for more than eight months. When will he peruse the file and then take a decision is a question one cannot answer.
Delaying the legal process advertently is interpreted by observers as leeway to be given to the drug peddlers and their nexus. How can a State combat with this curse if the rate of investigation and prosecution is what it is today. More often than not under the given circumstances, culprits manage their escape from the net. In this way the drug peddling business goes on unchecked. The DB is right in deciding to call in the Chief Secretary and the Secretaries of Law and Home Departments to explain their position vis-à-vis the orders of the Apex Court in case the status report is not submitted before time. We hope that the bureaucracy understands the great harm drug trafficking is doing to the youth of the State. As such they will have to share the responsibility of carrying forward corrective measures.

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