Court takes serious note, issues direction to SSP
Excelsior Correspondent
JAMMU, June 26: Additional Sessions Judge Jammu Tahir Khurshid Raina today took serious note of failure of the prosecution to produce any witness during the last two years in the Narcotics Drugs and Psychotropic Substances Act (NDPSA) case and directed the SSP Jammu to look into the conduct of the prosecution.
When the case titled State Versus Parveen Kumar and Others came up for hearing, Additional Sessions Judge observed, “speedy justice is a component of social justice since the community as the whole is concerned in the criminal being finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings”.
“The instant case is the typical example wherein this fundamental right of the accused is being violated by the conduct of prosecution on account of non production of the witnesses since the date of framing of charge by the court against the accused”, Additional Sessions Judge said.
The accused was charged for commission of offences under Section 8/15 NDPS Act on 8.9.2016 and since then around 21 dates have been fixed in this case but not a single witness has been produced by the prosecution so far, the court further observed, adding “this conduct of the prosecution is completely unsustained in the eyes of Criminal Justice System and is also contrary to the concept of speedy trial and speedy justice”.
Court further observed, “the accused is charged for commission of heinous offence under Narcotic and Psychotropic Substances Act. Such offences are increasing in the society and they require highest degree of seriousness from the State in their prosecution in the court so that the accused must face the fate and a message gets travelled in the society”.
“When on one hand police is claiming vociferously about curbing the menace in the society but on the other hand failing to produce the witnesses before the court and this conduct of prosecution is not matching with their loud and lofty words being said for curbing the menace of drug trafficking in the society”, Additional Sessions Judge said.
Accordingly, SSP Jammu was directed to look into the conduct of the prosecution with regard to production of witnesses before the court in such grievous offences for ensuring speedy trial of the criminal cases especially under NDPS Act.
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