Controlling menace of drugs, overhauling of FSLs
*Lays thrust on crash courses for IOs, Prosecuting Officers
Mohinder Verma
JAMMU, Dec 28: A Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri has expressed displeasure over inaction on the directions issued several months back for controlling the menace of drugs and overhauling of the Forensic Science Laboratories (FSLs) in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and sought fresh status report from the authorities concerned.
Moreover, the Division Bench has asked the authorities to conduct regular crash courses for the Investigating Officers (IOs) and Prosecuting Officers (POs) so that cases registered under Narcotics Drugs and Psychotropic Substances Act (NDPSA) are investigated properly and conviction rate is improved up to the required level.
When the Public Interest Litigation (PIL) came up for hearing, the Division Bench observed, “vide order dated March 4, 2022, this court had expressed serious concern over poor investigation and prosecution of NDPSA cases in the Union Territories of Jammu and Kashmir and Ladakh as Inspector General of Police (Crime) after collecting data from all the districts concerning NDPSA cases had reported that conviction rate which was 8.64% in the year 2008 had gone down to 6.2% in the year 2009”.
Accordingly, the concerned authorities were directed to follow the directions handed down by the Supreme Court in “Thana Singh Versus Central Bureau of Narcotics”, the DB said, adding it was also underlined that samples sent to laboratories in J&K take one and a half years to two years in analyzing the same and submitting the report as there is only one State Forensic Laboratory and one Regional Forensic Science Laboratory in both the Union Territories.
“No action taken report/status report has been filed with respect to the directions dated March 4, 2022”, the DB said while expressing displeasure. Accordingly, the DB has directed the respondents to file a detailed action taken report/status report positively by next date of hearing indicating steps taken with respect to qualitative and quantitative overhauling of the Forensic Science Laboratories in both the Union Territories as also comprehensive steps required to be taken for de-addiction.
“Since most of the NDPSA cases fail in the courts due to ineffective investigation and prosecution, the authorities shall conduct regular crash courses for the Investigating Officers (IOs) and Prosecuting Officers”, the DB has further directed.
The Supreme Court in “Thana Singh Versus Central Bureau of Narcotics” case had taken cognizance of the slow peddling of the NDPSA cases and under the caption “Adjournments, Examination of Witnesses, Workload, Narcotics Labs, Personnel, Re-Testing Provisions, Monitoring and Public Prosecutors” has laid down that the regime of adjournments has to be brought to an end.
Pointing towards the judgment of the Supreme Court, the DB, vide its order dated March 4, 2022, had asked the authorities to follow these directions so as to expedite the trials of NDPSA cases and to ensure qualitative and quantitative overhauling of the FSLs. Even several directions were issued to the police authorities reiterating the directives of the Supreme Court.
It was also observed in the order of March 4, 2022 that almost every day acquittal appeals are filed by the State and it was revealed that on account of non production of material witnesses, the prosecution fails in getting the conviction. It was also noticed that the case property in most of the cases is not produced.
The Division Bench is dealing with three issues—poor prosecution of the NDPSA cases and conviction thereof; controlling the menace of drugs and improper manner of seizure and disposal of drugs by the police and ineffective functioning of the Forensic Science Laboratories.
Expressing concern over inaction on the directives of the Supreme Court and Division Bench of the High Court of J&K and Ladakh, the independent observers said, “had serious attention been paid towards the guidelines laid down by the Supreme Court and compliance of DB’s directive ensured the situation vis-à-vis drugs menace would have improved up to the large extent till date”.
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