Srinagar: As large number of drug offenders secure acquittal on technical grounds, the Jammu and Kashmir government has asked its investigators to strictly adhere to the provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 and Standard Operating Procedures (SOPs) formulated by the State Crime Branch.
“It has been observed that in several cases, the drug offenders secure acquittal on technical grounds. A large number of offenders in NDPS cases are acquitted due to non-compliance of mandatory provisions and the prescribed procedure,” the state government’s Home Department observes in an order calling for strict compliance of the SOP by the investigation officers and the prosecution.
“The acquittals in serious offences particularly in NDPS cases create a sense of insecurity in the society and undermine the faith of the common man in the administration of criminal justice,” it said, underling that it was incumbent upon the Investigating Agencies and Prosecutors to discharge assigned duties in a professional manner to achieve the desired objective of law.
The NDPS Act provide for stringent provisions for offences related to drug abuse and trafficking.
A Division Bench of the J&K High Court at Jammu while hearing a PIL initiated on its own motion has been monitoring the progress of steps taken by the State to ensure that in NDPS cases, the investigation was conducted in a proper and professional manner by adhering to the mandatory provisions of the Act and to minimise the acquittals in such cases.
“To accomplish the purpose and to ensure conviction of offenders in NDPS cases, all the enforcement agencies of the State are expected to work in close coordination and adhere to the provisions of the aforesaid Act during investigation of case, while ensuring vigorous follow up during prosecution of such cases,” it said and asked all the officers, entrusted with the investigation and prosecution in NDPS cases, to strictly adhere to the provisions of the NDPS ACT, 1985 and the procedures laid down in SOP by Crime Branch.
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