Excelsior Correspondent
SRINAGAR, May 17: A local court here said that supplementary complaint and further investigation therein during pendency of trial of the case is not permissible without prior permission of the court and dismissed the proceedings against the co-accused involved in drug trafficking.
The facts of the case is that after presentation of basic complaint by NCB before Principal Sessions Judge Samba against the accused was chargesheeted by the court on October 2022 for commission of offence under Narcotic Drugs and Psychotropic Substance (NDPS) Act and the prosecution was directed to produce evidence and accordingly evidence was led by the prosecution and statement of the accused was also recorded.
During the course of final arguments a supplementary complaint was produced by the NCB against the co-accused. The counsel for accused vehemently opposed the filing of supplementary complaint without seeking prior permission for conducting the further investigation in the case.
The court while dismissing the supplementary complaint said that when the court has not granted any permission to the NCB for conducting further investigation, it means the prayer has been denied to the NCB.
“The further investigation cannot be conducted by the investigating agency without seeking prior permission from the court in which the trial is pending and further investigation conducted without prior permission from the court is vitiated and unwarranted”, the court said.
The court further added since no permission was granted by the court for further investigation when the original complaint was filed by the NCB as such amounts to the denial of the permission for conducting further investigation and it cannot be presumed that the permission for conducting the further investigation has been granted to the investigation agency.
“Since the supplementary complaint filed against the accused persons has been dismissed without taking cognizance as such accused persons who are in judicial custody are directed to be released from the judicial custody forthwith if not involved in any other case”, read the order.
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