Bail, acquittals in commercial quantity cases challenged in HC
Specialised officers, capacity building at core of strategy
Mohinder Verma
JAMMU, Jan 12: In a significant step aimed at strengthening the anti-narcotics framework, a fresh Standard Operating Procedure (SOP) has been drafted for investigating and prosecuting officers to eliminate procedural lapses that have been adversely impacting convictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
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The need for a fresh SOP was felt during the 15th Narco Coordination Centre (NCORD) meeting held under the chairmanship of Chief Secretary Atal Dulloo in October last year. Accordingly, directions were issued for formulation of a comprehensive SOP for investigating and prosecuting officers to avoid common procedural lapses that hinder successful convictions.
After several rounds of deliberations, the Law Department, in consultation with the Prosecution Department, has drafted the SOP and placed it before the Home Department for examination, official sources told EXCELSIOR.
“After scrutiny, the draft SOP will be submitted to the Lieutenant Governor for approval, following which it will be circulated to all concerned departments for strict compliance, marking a comprehensive effort to enhance conviction rates and reinforce the credibility of the anti-narcotics drive”, sources said.
Several years ago, a similar SOP had been formulated by the Crime Branch wing of the Jammu and Kashmir Police. However, it failed to yield the desired results, prompting the need for a fresh and more robust framework to improve prosecution outcomes.
Sources said the fresh SOP lays special emphasis on capacity building of investigating officers, prosecutors and legal personnel, recognising that technical shortcomings, lack of legal awareness and weak coordination often result in accused persons securing bail or acquittal, even in serious cases involving commercial quantities of narcotics.
“The proposed framework seeks to ensure uniformity in investigation, proper documentation, timely forensic procedures and strict compliance with mandatory legal provisions”, they said, adding that a key recommendation in the draft SOP is that NDPS cases particularly those involving commercial quantities should be handled only by specialised and adequately trained officers.
The move aims to avoid casual or inexperienced handling of cases under the stringent NDPS law, which demands a high level of procedural precision.
It is pertinent to mention here that a large number of offenders in NDPS cases are acquitted due to non-compliance with mandatory provisions and prescribed procedures. Such acquittals create a sense of insecurity in society and undermine public faith in the criminal justice system.
“The fresh SOP is expected to introduce clear accountability mechanisms, ensuring that responsibility is fixed in cases where avoidable lapses lead to adverse judicial outcomes. Periodic training programmes and regular reviews have also been proposed to keep officers updated on legal developments and judicial pronouncements related to the NDPS Act”, sources further said.
They added that the renewed focus on procedural discipline and aggressive legal follow-up comes amid growing concern over the drug menace and its impact on youth, with the Government stressing that robust investigations and strong prosecutions are critical to dismantling narcotics networks.
Alongside institutional reforms, the Government has also taken a firm legal stance by directing that all bail and acquittal orders granted in NDPS cases involving commercial quantities be promptly challenged before higher courts.
“Acting on these directions, over 50 cases of bail and acquittals have been challenged in the High Court and will be vigorously pursued by the Prosecution Department,” sources disclosed.
The Chief Secretary, during the October NCORD meeting, had categorically instructed that no delay or laxity be shown in contesting such orders, underscoring that commercial quantity cases have serious implications for public health and security and must be pursued with utmost seriousness.
He also directed investigating and prosecuting officers to maintain close coordination with the Law Department to ensure timely filing of appeals and petitions.
Further, there are standing instructions for a robust monitoring mechanism to track medicines prescribed to de-addiction patients in order to prevent misuse. The Forensic Science Laboratory (FSL) has also been directed to enhance the pace and quality of sample testing to ensure timely generation of credible forensic reports.
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