Mohinder Verma
JAMMU, Feb 28: The Supreme Court has expressed displeasure over the pendency of Narcotics Drugs and Psychotropic Substances Act (NDPSA) cases in Jammu and Kashmir and issued directions for establishment of special courts to deal exclusively with such offences.
These directions were passed by the Apex Court Bench comprising Justice D K Jain and Justice Jagdish Singh Khekar in a criminal case recently. In the 27-page judgement, the Supreme Court has explained the reasons, which lead to the pendency of the cases over five years and has issued numerous directions especially to Jammu and Kashmir, Uttar Pradesh and West Bengal, where the pendency of such cases in high among other States across the country.
The Supreme Court has held lavishness with which the adjournments are granted to narcotics trials, inconvenience to the witnesses in examination, workload on the courts and inadequate and ill-equipped narcotics labs mainly responsible for delay in the disposal of NDPSA cases.
“The lavishness with which adjournments are granted is not an ailment exclusive to narcotics trials, the courts at every level suffer from this predicament. The institutionalization of generous dispensation of adjournments is exploited to prolong trials for varied considerations and such a practice deserves complete abolishment”, the Supreme Court said, adding “no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control”.
About the examination of witnesses, the Apex Court observed, “between harmonizing the rights and duties of the accused and the victim, the witness is often forgotten. No legal system can render justice if it is not accompanied with conducive environment that encourages and invites witnesses to give testimony”, adding “the web of antagonistic litigation with its entangled threads of investigation, cross-examination and dealings with police lacks the ability to attract witnesses to participate in a process of justice and the witnesses are not examined on consecutive days but on different dates spread over months. This practice not only serves as inconvenience to a witness but also causes lengthier examinations that compound the duration of trials”.
As far as workload factor is concerned, the Apex Court said, “the courts are unduly overburdened, an outcome of diverse repertoire of cases they are expected to handle. The significant time of the NDPS Court is expended in dealing with bail and other criminal matters besides many states don’t even have the necessary NDPS Courts to deal with the volume of NDPSA cases”.
“Notwithstanding the fact that role of narcotics laboratories is indispensible, the Forensic Science Laboratories lack adequate manpower and other paraphernalia as such a qualitative and quantitative overhaul of these laboratories is necessary for ameliorating the present state of affairs”, the Supreme Court said.
Expressing displeasure over high pendency of NDPSA cases over five years particularly in Jammu and Kashmir, Uttar Pradesh and West Bengal, the Supreme Court has directed these three States to establish special courts to deal exclusively with offences under the NDPSA Act in consultation with the State High Court.
“The number of these courts must be proportionate to and sufficient for handling the volume of pending cases. Till exclusive courts for the purpose of disposing of NDPS cases are established, these cases shall be prioritized over all matters. After the setting up of the special courts for NDPS cases, these courts should be permitted to take up any other matter only after the clearance of matters under the NDPSA”.
While issuing these directions, the Supreme Court hoped that State Governments would ensure compliance expeditiously and in the spirit these have been made.
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