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2015 DIGILAW 240 (JK)

Court On its Own Motion v. State of J&K

2015-05-12

HASNAIN MASSODI, JANAK RAJ KOTWAL

body2015
JUDGMENT : 1. Compliance report filed by respondent-Director General of Police, Jammu and Kashmir, Srinagar in terms of order dated 16.09.2014 would reveal that in a meeting chaired by Principal Secretary, Home on 25.08.2014, number of decisions were taken for effective investigation and prosecution of cases under NDPS Act. It remains to be known as to what action has been taken pursuant to the decisions recorded in the minutes of the meeting dated 25.08.2014 and whether the decisions are implemented on ground. Let a detailed action taken report be filed by or before next date of hearing with copy in advance to Mr. Sethi. 2. Any effort to improve investigation and prosecution in cases under NDPS Act would succeed only in case necessary mechanism is evolved on the basis of the statistics/data as regards the number of cases registered, volume and composition of contraband seized, number of samples of seized contraband referred to FSL for analysis, time taken by FSL to communicate analysis report to the investigating officer and the time taken for completion of the investigation and the results of investigation. The information as regards rate of conviction and primary reasons for failure of the prosecution as also the rank of the investigating officers in the police hierarchy, would also be relevant while putting an efficient mechanism in place. 3. Viewed thus, the Principal Secretary to Home is directed to file an affidavit detailing therein following information; "(1) Number of cases with court-wise breakup under various provisions of NDPS Act pending as on 31.12.2013 in different Courts of the State. (2) Number of cases under NDPS Act under investigation in different Police Stations of the State as on 31.12.2013. (3) Number of cases under NDPS Act reported and registered from 01.01.2014 to 31.03.2015 and the nature and volume of contraband seized. (4) The number of samples of seized contraband referred from 01.01.2014 till 31.03.2015 to FSL at Srinagar and Jammu and its branches if any in other districts for analysis. (5) The average time taken by FSL Experts to analyze the samples and forward report to the investigating officers. (6) The number of experts in place as on date competent to analyze samples in all the branches/offices of FSL in the State. (7) The Court-wise pendency of cases under NDPS Act in different Courts of the State as on 31.03.2015. (5) The average time taken by FSL Experts to analyze the samples and forward report to the investigating officers. (6) The number of experts in place as on date competent to analyze samples in all the branches/offices of FSL in the State. (7) The Court-wise pendency of cases under NDPS Act in different Courts of the State as on 31.03.2015. (8) The training program if any organized for investigating officers so as to help them specialize in investigation of cases under NDPS Act and details of such courses and number of officers so trained. Let the requisite information be produced by or before next date of hearing with copy in advance to Mr. Sethi, Sr. Advocate. Copy of this order be provided to Mr. S.S. Nanda, Sr. AAG. List on 11.06.2015.