‘Poor’ Prosecution in NDPS Cases: HC seeks detailed ‘ART’ on augmenting labs for swift drug testing

‘Poor’ Prosecution in NDPS Cases: HC seeks detailed ‘ART’ on augmenting labs for swift drug testing

Jammu: Having expressed serious concerns regarding poor investigation and prosecution of NDPS cases, the High Court of J&K and Ladakh has sought a detailed action taken report, indicating steps taken regarding “qualitative and quantitative overhauling” of the Forensic Science Laboratories in Jammu & Kashmir and Ladakh.
Hearing a suo-moto Public Interest, a Division Bench of acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri also sought details regarding “comprehensive steps required to be taken for de-addiction.”
On 4 March last year, the Court had expressed serious concerns regarding poor investigation and prosecution of NDPS cases in J&K and Ladakh.
Subsequently, the concerned authorities were directed to follow the directions by Supreme Court in Thana Singh v. Central Bureau of Narcotics, (2013), which among others calls for appointing nodal officers in all departments dealing with NDPS cases for monitoring the progress and trials.
The High Court had 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,” the Davison Bench said, adding, “Accordingly, respondents (authorities concerned) are directed 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.”
The court said that since most of the NDPS cases fail in the Courts due to ineffective investigation and prosecution, the authorities shall conduct regular crash courses for the investigating officers and prosecuting officers.

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