STATE TIMES NEWSJAMMU: Additional Sessions Judge Jammu Tahir Khurshid Raina on Wednesday rejected the remand filed by Gangyal Police in NDPS Case. While rejecting the remand, court passed strictures against Investigating Officer and Executive Magistrate. Expressing concern over slackness and casual approach shown by the investigating agency while investigating such a heinous offence, court directed SSP Jammu to enquire into the matter forth with, fix the responsibility and submit the compliance report within a fortnight before this Court. Court also directed District Magistrate Jammu to look into the aforementioned conduct of Executive Magistrate and take action under law and submit the report before this Court within a fortnight. The Application for judicial remand of the accused person namely Kamaljeet Singh, resident of Nanak Nagar Jammu and Sourav Sudan, resident of Indira Nagar was moved on Wednesday at 4 PM by B.S Charak PSI No. 176330ARP in FIR lodged under Sections 8, 21, 22 and 29 NDPS Act at Police Station Gangyal. On presentation of the aforesaid application, Court sought CD file from the concerned officer and he was also directed to produce both the accused before the Court. Court observed that the perusal of the FIR revealed that on October 30, 2019 Ct. Naresh Kumar No. 2278/J presented a docket on behalf of ASI Satpal at Police Station Gangyal, alleging there in that while performing patrolling duty at Marakhari and its adjoining areas, they found a Santro Car bearing registration No. P602AX 0652 parked in the area at 9:45 PM. On seeing the police party, the driver of the car viz accused Kamaljeet Singh, who was accompanied by accused Sourav started the vehicle raising suspicion. Upon this, the police team frisked both the accused and recovered 550 gram and 650 gram heroin from their possession respectively. On the basis of the aforesaid docket the case in hand came to be registered against the accused persons and investigation started. The instant case was registered at Police Station Gangyal as per the CD file and the accused was remanded to police custody by Executive Magistrate (Tehsildar) Ist Class Jammu on October 31, 2019 for a period of six days. The remand period expired today and it was in this context that the investigating agency moved an application for judicial remand of the accused persons before Special Judge (Principal Sessions Judge), who transferred the same to this Court for its disposal under law. On scanning of the CD file, the court was astonished to note that IO has not placed on record the seizure memo in respect of the contraband allegedly recovered from the accused persons. On inquiry from him about this most important document which gave a prima facie presumption of guilt of the accused in context of the circumstances revealed in the FIR, there was no cogent reply from the officer, rather he stated that he had forgotten the said documents in the Police Station and sought time to provide aforesaid document. While acceding to his request, time was granted to him. The Officer turned up at 4:30 PM along with the seizure memo of the contraband stating that in fact it was lying in the bag carried by the accompanying Head Constable and not at the Police Station. Court further observed that as this conduct raised reasonable suspicion that how can an IO forget crucial piece of evidence and has not make it part of the CD file it was decided to peruse CD file minutely. On perusal of CD file, the court found that IO has not bothered to submit even a single CD in the case as mandated by Section-172 of the Code of Criminal procedure. “Even, the seizure memo was not attested by the marginal witnesses namely Satpal Sharma ASI P/S Gangyal and Sgct. Faqeer Din of the aforesaid police station. Even the docket, on the basis of which FIR came to be registered, has not been found across the file”, the court observed and decided to peruse the earlier remand granted by Executive Magistrate (Ist Class) Jammu. “The first question that came in the mind of this Court as to how the IO approached Executive Magistrate in the very first instance for police remand of the accused and did not approach Judicial Magistrate. It’s only in case of non availability of the Judicial Magistrate that the IO can approach Executive Magistrate for the same, recording the reason in this regard in the CD file. However not a single CD is available on the CD file presented before the Court”, the court held adding that it was shocking to note that the aforesaid order was in contradiction of the mandate of the code as envisaged in Sec 167 Cr.PC”, the court observed and added, “In these facts and circumstances it is more than clear that there is no cogent and convincing evidence on record which would justify to perpetuate the remand of the accused and to accede to the request made by the IO”.
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