Lackadaisical approach in handling NDPSA case
Excelsior Correspondent
JAMMU, Aug 8: Principal Sessions Judge Kulgam Tahir Khurshid Raina has passed strictures against the prosecution and police for lackadaisical approach in handling the case registered under Narcotics Drugs and Psychotropic Substances Act.
When the case titled State through SHO Police Station Varipora Versus Mohd Ayoub Laway, Nazir Ahmed Wani and Abdul Rashid Bhat came up for hearing, Principal Sessions Judge observed, “it is a peculiar case which reflects the level of insincerity of the prosecution and police with regard to curbing the menace of narcotics in the Union Territory of Jammu and Kashmir”.
“The charge in this case was framed by this court against the accused for commission of offence under Section 15/18 NDPS Act on 31.05.2010. Since then, till date, 11 years have passed but not a single witness has been produced by the prosecution before the court for his examination”, the Principal Sessions Judge said.
The court further said, “the menace of drug abuse and drug trafficking is quite rampant in the length and breadth of the UT of Jammu and Kashmir and police is making all tall claims of taking bold steps of curbing this menace. However, the deterrent message will go to the society only when after apprehending the accused by the police, he will get finally convicted on the basis of prosecution evidence”.
“Only then the efforts of the police will culminate to a logical end and a bold message will travel to the perpetrators of the crime and their ilk that in case they will indulge in such an illegal trade, their inevitable abode will be the jail”, the court said, adding “simply to catch them and then not to lead any evidence to get the charge proved against accused in the court of law is a mere cosmetic exercise being done by the police, which may satisfy them only but not the court of law and the society”.
Principal Sessions Judge futher observed, “right to speedy trial is a fundamental right of an accused. This right has got violated only account of non production of witnesses by the prosecution. It is of-course a deplorable practice on the part of police and prosecution which is highly condemned by this court”, adding “the present is a peculiar example of pure lackadaisical, insincere and cosmetic efforts of the police in curbing the menace of the narcotics”.
Accordingly, the court directed the SSP Kulgam to take account of this issue and ensure production of witnesses in the case as per the calendar fixed failing which he will appear in person. The court directed that the copy of order be forwarded to Inspector General of Police, Kashmir Range for his perusal and SSP Kulgam for compliance.
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