Excelsior Correspondent
JAMMU, Nov 18: Majority of the cases under Narcotics Drugs and Psychotropic Substances Act are failing in the courts primarily because of improper investigation and failure of the senior police officers to monitor the investigation as required under Police Rules.
This was observed by Additional Sessions Judge Rajouri, Khalil Choudhary while acquitting the accused facing trial under Narcotics Drugs and Psychotropic Substances Act (NDPSA) as prosecution failed to establish its case mainly because of the shoddy investigation carried out by the Rajouri Police.
“The senior police officers are not monitoring the investigation in NDPSA cases as required under Police Rules as a result of which the officers responsible for inefficient investigation go scot-free without any accountability for failure to discharge their due functions and duties”, the court said, adding “efficient and scientific investigation, followed by vigorous prosecution of those found involved in the disturbance of rules of law, is the hall mark of Criminal Justice Dispensation System”.
The instant case was registered on April 30, 2014 when a police party during routine patrolling at Kaller on National Highway signaled a Santro car bearing registration Number JK02AP-2426, which was on its way from Jammu to Rajouri, to stop. However, the accused persons tried to flee away from the spot along with a bag.
Their attempt was foiled by the police personnel, who caught hold Faizan Ahmed, son of Nazir Hussain of Rajouri and from his possession 20 bottles of corex and 100 intoxicant capsules were recovered. From the possession of another person namely Arshad Ahmed, son of Mohd Latief of Dalogra, police recovered 30 bottles of Rex and 100 intoxicant capsules. Accordingly, they were booked under 8/20/21 NDPS Act by Rajouri Police.
After hearing APP for the State and Advocates Inderjeet Sharma and M A Khan for the accused persons and perusal of the case diary, Additional Sessions Judge observed, “the investigating agency has observed the mandatory provisions more in breach than in compliance. Apart from that, the version of the police witnesses has not been corroborated with the prosecution story”.
“The witnesses have even differed on material aspects. That leaves the court with no option but to observe that a doubt free link has not been established against the accused. The prosecution is always bound to prove the case behind all the shadows of doubt which is supposed it has failed to do in this case”, Additional Sessions Judge further observed, adding “a reasonable doubt as such arises about the involvement of the accused in the crime attributed to them. So the benefit of doubt has to be extended to accused”.
With these observations, court dismissed the case and acquitted the accused while giving them the benefit of doubt. “The accused shall be released forth with, if not required in any other case and the seized intoxicated substance be destroyed after appeal period”, the court directed.
The court directed the State through SSP Rajouri to take steps to ensure meaningful and proper investigation for their cases, so as to advance the cause of justice. “Let a copy of this judgment be sent to SSP Rajouri for compliance”, Additional Sessions Judge said.
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