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2014 Supreme(J&K) 260

M.M.Kumar, TASHI RABSTAN
Court On Its Own Motion – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Sunil Sethi, Amicus Curiae, Ravi Abrol, Gagan Basotra.

M.M. Kumar, CJ.

1. This public interest litigation has emerged while hearing Criminal Acquittal Appeal no. D-107/2010. In the order dated 14.02.2013, we have noted various features of NDPS cases and has observed in the aforesaid order as under:-

"Almost everyday acquittal appeals are filed by the State against many orders passed by the trial Courts and it is revealed that on account of non production of material witnesses' prosecution has failed. Another common feature discernible from the order passed by the trial Court is that the case property has not been produced. We asked the learned State counsel to disclose as to whether there is any mechanism for fixing the responsibility of Investigating Agency, Prosecuting Agency and other person associated with the prosecution of the challan before the trial court. There is no satisfactory reply. We have been informed by the learned State counsel that the rate of conviction particularly in NDPS cases is very low which may 10% to 12%. This raises serious question with regard to the method used for disposing of the case properly. For example in the present appeal 400 grams of Charas was claimed to have been recovered on the spot and then on
































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