M A I N   N E W S

Acquittals in drug cases
Shun zombie attitude, HC tells investigators
Saurabh Malik
Tribune News Service

Chandigarh, March 1
In India just 26 per cent of the drug trafficking cases registered under the Narcotics Drugs and Psychotropic Substances Act end in conviction. Expressing concern over large number of acquittals in drug-related cases in this part of the region, the Punjab and Haryana High Court has called upon the “higher authorities” to take a serious view of non-compliance of the procedure prescribed under the Act in order to end laxity on part of the investigating agencies.

The wake-up call comes in the form of a significant ruling on an appeal filed by a Ganganagar resident against the State of Punjab. Taking up the matter, Justice R.S Madan of the High Court ruled: The Supreme Court and various High Courts have been pressing very hard that compliance of the statute should be in its real spirit.

There is, indeed, need to protect society from criminals. The societal intent in safety will suffer if persons, who committed a crime, are let off because the evidence against them is to be treated as if it does not exist.

The investigating agency must follow the procedure scrupulously and as envisaged by the state and a failure to do so must be viewed by the higher authorities seriously so that the laxity on the part of the investigating authority is curbed.

In his detailed order, the judge also emphasised on the need to carry out a fair investigation. “In every case, the result is important. But, the means to achieve it must remain above board. The remedy cannot be worse than the disease itself.

“The legitimacy of the judicial process may come under cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search operations; and may also undermine respect for law, and may have the effect of unconsciously compromising with the administration of justice. That cannot be permitted,” the judge asserted.

Challenging the trial court’s orders of convicting him before awarding a sentence of 10 years’ imprisonment on May 26, 2006, appellant Jagdish Rai’s counsel had earlier contended that only one sample of 10 grams had been separated from the contraband allegedly recovered from the possession of the accused whereas as per the provisions of Section 42 of the Act, at least two samples were required to be taken.

Referring to the matter, the judge added: An accused is entitled to a fair trial. A conviction resulting from an unfair trial is contrary to our concept of justice. The use of evidence collected in breach of the safeguards provided by Section 50 at the trial could render it unfair.

Haryana, a dubious No. 2

A national survey by the ministry of social justice and environment and the United Nations Office of Drugs and Crimes had recently stated that abuse of different drugs was prevalent in different states of India. Rajasthan had the highest proportion of opium users (76.7 per cent), followed by Haryana (58 per cent). As far as heroin was concerned, 43.9 per cent of its users were found in Uttar Pradesh. Orissa and Himachal Pradesh at 43.9 per cent and 37.3 per cent, respectively, topped in alcohol consumption.