Jammu), December-27-2022:- In a Public Interest Litigation regarding regarding poor investigation and prosecution of NDPS cases, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice (Acting) Tashi Rabstan and Justice Rajesh Sekri directed directed 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 Union Territories of J&K and Ladakh as also comprehensive steps required to be taken for de-addiction.
DB further observed that since most of the NDPS cases fail in the Courts due to ineffective investigation and prosecution, directed respondent-authorities to conduct regular crash courses for the investigating officers and prosecuting officers.
This significant order passed when the PIL came-up for hearing, DB observed that Status report in this public interest litigation has been filed on 11.02.2022. However, vide order dated 04.03.2022, this Court expressed serious concerns regarding poor investigation and prosecution of NDPS cases in Union Territories of J&K and Ladakh as Inspector General of Police (Crime) after collecting data from all the districts concerning NDPS cases had reported that conviction rate which was 8.64% in the year 2008 had gone down to 6.2% in the year 2009. The concerned authorities were directed to follow the directions handed down by Hon’ble Supreme Court in Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 590. 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 functional in both the Union Territories.No action taken report/status report has been filed with respect to the directions dated 04.03.2022.
DB directed to file detailed Action taken report. JNF