Court passes strictures against investigating agency

Excelsior Correspondent
JAMMU, June 30: Principal Sessions Judge Udhampur  RS Jain acquitted two accused namely Nazir and Joginder Singh from whose possession 226kg poppy straw was recovered , as prosecution failed.
While acquitting accused from the charges, Principal Sessions Judge Udhampur R S Jain observed, “I am constrained to observe that day in  and day out, despite pointing out the flaws in the investigation of the NDPS case by the courts, the police administration has done precious little to ensure that the loop holes in the investigations are plugged. The investigations are being carried out either by inefficient officers backed by poor supervision or are being deliberately shaped to ensure that the trial ultimately ends in the acquittal of the accused otherwise, there is no way that cases of NDPS can end in acquittal. Despite the enforcement/implementation of NDPS Act for the last 2 to 3 decades, the investigations and supervision are so poorly handled that it won’t be long before this State too becomes a haven for drug users though mercifully the narco-politico angle is yet to come to light in the State. Taking a cue from other investigating agencies, the police administration would do well to scrutinise every NDPS case ending in acquittal and plug the loopholes leading to the acquittal and at the same time ensuring that the IOs, supervisory officers and prosecution wing which scrutinize the case at pre-institution stage are censured for inefficient handling of the case and leading to the acquittal. I may also mention that talking to the prosecution officer, I have expressed my concern as to why they don’t point out the flaws in the investigations so they can be rectified, the usual reply is that they give in writing the flaws but are overruled by the Supervisory police officers who pass the challan as being fit for being instituted in the Court”.