E-Paper
HC asks Punjab, Haryana & Chandigarh to form steering committees for quick disposal of drugs cases
The committees will ask for statistics from prosecuting agencies and forensic labs to keep a track on volume of work pending and ensure timely disposal of cases
: The Punjab and Haryana high court has directed Punjab, Haryana and Chandigarh to constitute steering committees headed by not less than a secretary level officer to expedite probe in drugs cases.
The committees will ask for statistics from prosecuting agencies and forensic labs to keep a track on volume of work pending and ensure timely disposal of cases. It will monitor the seizures and progress in FIRs through superintendents of police. Steering committees have been told to file reports to high court after every six months.
The court has also directed that within two weeks, seized material be deposited with malkhanas by the prosecuting agency and thereafter, within one week, samples be sent for chemical examination.
The directions were passed in a bail matter filed by an accused in a drugs seizure case in Fatehabad in Haryana. In the case in hand, the accused had sought bail arguing that challan has not been filed within a period of 180 days, which is a legal requirement in drugs seizure cases. The reason for non- filing of challan was delay in forensic lab report.
The court observed that in drugs seizure cases, a prosecuting agency get 180 days time to file a challan. Hence, police heads have been told to ensure that steps be taken so that probe is completed by investigating officers within the stipulated period.
The court observed that investigations in respect of NDPS offences are commenced and completed at the crime site, therefore, the date of the arrest of the offender, at the crime site, becomes the reckonable date, for the purpose of determining the date of opening of the investigations, and investigating officer is bound to complete probe within 180 days.
Challans are not filed within stipulated period due to delays in obtaining forensic opinions and delay in completion of other formalities as mandated in law, it further added. “..the above period of time (180 days) is sufficient, and, adequate for the completion of investigations, into an offence under the NDPS. It should be, on the very rarest of rare occasions, that a situation should arise, ... (prosecution) takes to institute an application, for extension of time for completion of investigations,” the court observed. The court also directed high court registry send copy of the order to the secretary home and DGPs of both the states.
