Sunday, 11 AUGUST 2024 | PNS | NAINITAL
Raising questions at the investigation conducted by the police in cases under the Narcotics Drugs and Psychotropics Substances (NDPS) Act, the Uttarakhand High Court has stressed on the need for conducting special training for police personnel to properly investigate such cases. The bench of justice Vivek Bharti Sharma stated this after hearing the appeal of an aged woman Dayavati, who was sent to jail for a crime under the NDPS Act. A resident of Amiyawala village in Jaspur, she was sentenced by a lower court to five years rigorous imprisonment for smuggling ganja. Hearing her appeal, the court found gaps in the investigation and granted her bail.
The woman’s counsel Aditya Pratap Singh raised questions at the police investigation, stating that there were discrepancies in the statements of witnesses. Important evidence was not presented in the trial court and the prosecution did not follow legal provisions, he said, while adding that two major witnesses were not included in the investigation process. The HC also observed that the investigation was flawed and that the investigation officer did not discharge his responsibility properly. It also stated that the trial court had also failed to evaluate the evidence. The HC stated that improper investigation in punishable offences enables the accused to get acquitted of serious crimes. The smuggling of illegal narcotics and pharmaceuticals is a major challenge facing India with criminal elements waging a war against the nation. The Narcotics Control Bureau website also states that smugglers are using new techniques including the use of drones and the darknet. The HC observed that this situation is unfortunate and dangerous. Criminals getting acquitted raises their morale and decreases their fear of the law. Conducting investigation in a professional manner is vital to prevent this. The court stated that special training programmes need to be held for police personnel, the HC directed the Home principal secretary and the director general of police to take steps in this direction while also ensuring necessary action in such cases. It directed that two-day training programmes should be conducted with the help of the NCB and Uttarakhand Judicial and Legal Academy (UJALA). The court also directed that copies of the order should be sent to all trial courts and district courts along with the UJALA director for necessary action.
