Surprising That Probe In NDPS Cases Is Being Entrusted To Incompetent Officers, Casual Approach Undermines Public Faith In Criminal Justice: J&K HC
Live LawWhile upholding the acquittal order passed by the trial court for possessing contraband in commercial quantity, the Jammu, Kashmir & Ladakh High Court observed that the Non-compliance with mandatory provisions, such as proper sampling, immediate reporting and informing the accused of arrest grounds, renders the prosecution's case defective. The court was hearing the appeal filed by the Union Territory of J&K against the trial court's judgment of acquitting the accused person after citing procedural irregularities and lack of compliance with mandatory provisions under the NDPS Act. The Appellant argued that The recovery and seizure of the 10,000 capsules from accused persons, containing tramadol, a psychotropic substance were fully established through prosecution witnesses and that the trial court did not appreciate the prosecution's version in the correct perspective and gave undue weight to these minor contradictions which did not affect the case's core merits. However, the court upheld the trial court's verdict stating that the total failure of the prosecution to prove the seizure of the alleged drug containing tramadol a psychotropic substance, as a constituent through cogent, uncontradictory, and trustworthy evidence, the presumptions under Sections 35 and 45 of the Act loose significance.
History of this topic
“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases
Live Law
NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL
Live Law
Investigations Often Half-Hearted, Provisions Of NDPS Act Must Be Implemented Effectively: Delhi High Court
Live Law
Should the NDPS Act be amended?
The HinduDiscover Related