Excelsior Correspondent
JAMMU, Dec 19: Division Bench of High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today took serious note of low conviction in Narcotics Drugs and Psychotropic Substances Act (NDPSA) cases.
“Almost every day acquittal appeals are filed by the State against many orders passed by the Trial Courts. It is revealed that accused in NDPSA cases are acquitted due to non-production of the material witnesses”, the DB observed.
Making these observations in a PIL, Division Bench said, “in the last few orders this Court has issued various directions to solicit suggestions to remedy the situation with regard to NDPS cases”.
“In many cases the trial Court ends up acquitting the accused on account of tardy investigation which many times leave the impression that it is either done deliberately or there is lack of investigation skill”, the DB further said, adding “it appears that the tools of investigation are archaic and those who are at the helm of affairs are not well trained”.
“Court counsel Senior Advocate Sunil Sethi has made some suggestions. A copy of these suggestions has been furnished to Senior AAG Gagan Basotra Basotra. Even in the affidavit filed by the State Government in March 2013 it has been pointed out that the State Government would constitute a committee to study the case law and find out the reasons for tardy investigation in NDPS cases”, the DB said.
The DB further observed, “Senior AAG Gagan Basotra, is not in a position to apprise the Court whether committee has been set up in accordance with the stand taken in the affidavit filed in March 2013”.
The Division Bench impressed upon Senior AAG to involve all the stakeholders in order to consider the suggestions made by the Court counsel and come forward with concrete solution so that the State may be able to perform its basic function of segregating the criminals from the law abiding society.
“It does not need to be emphasized that bringing offenders and criminal to book is the primary function of the State and it is incumbent on the State to ensure fair investigation so as to bring the truth before the Court”, the DB remarked, adding “these are the minimum duties assigned to the State, which must be performed by all the stakeholders to the best of their abilities”.
With these observations, the Division Bench adjourned the matter to await concrete solution, which may be made by the committee comprised of all stakeholders.
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