SRINAGAR, SEPTEMBER 19:
Under the patronage of Dr. Justice Pushpendra Singh Bhati, Chief Justice, High Court of Jammu & Kashmir and Ladakh (Patron-in-Chief, J&K Judicial Academy), and under the guidance of the Chairman and Members of the Governing Committee of the J&K Judicial Academy, a One Day Sensitization Programme on “Issues Related to Narcotics” was conducted today at the Jammu & Kashmir Judicial Academy, Mominabad, here in collaboration with the Narcotics Control Bureau, Srinagar Zonal Unit.
The programme aimed to sensitize judicial officers, prosecutors, investigating officers and other stakeholders on the legal, investigative and evidentiary issues arising under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The Keynote Address was delivered by Justice Rajnesh Oswal, Judge, High Court of J&K and Ladakh and Chairman, Governing Committee, J&K Judicial Academy. He emphasized that the stringent provisions of the NDPS Act require strict adherence to statutory safeguards and highlighted the importance of lawful search and seizure, reliable evidence, proper chain of custody and fair investigation.
Referring to Sections 42, 50, 52A, 67 and 37 of the Act, Justice Rajnesh Oswal stressed the need for proper documentation, corroborative and digital evidence, and truthful investigation.
He also underscored the importance of a human-centred approach towards persons suffering from substance dependence while maintaining firm enforcement against organized trafficking.
Director, J&K Judicial Academy, Naseer Ahmad Dar, in his Welcome and Introductory Address, emphasized the importance of coordinated efforts among investigators, prosecutors and the judiciary in effectively addressing NDPS cases. He highlighted the need for lawful investigation, strict compliance with statutory safeguards and proper preservation of evidence to ensure effective and timely adjudication.
Sambit Mishra, IRS, DDG, NCB-NWR, emphasized the importance of interaction among investigators, prosecutors and the judiciary so that each stakeholder understands the expectations and constraints of the others. He stressed that effective prosecution depends not only on the evidence collected but also on strict compliance with procedural requirements and proper presentation of the case before the court.
In his Special Address, Abdul Qayoom, DIG Crime Branch, highlighted the growing challenge of drug abuse and emphasized coordinated efforts by police, prosecution and judiciary. He stressed capacity building, procedural compliance, proper documentation and preservation of chain of custody, besides the need to investigate the forward and backward linkages of drug trafficking networks rather than limiting investigations to persons found carrying contraband.
During Session-I, titled “Challenges Faced in Investigation of NDPS Cases (IO Perspective)”, Kubra Nazir, DySP, ANTF Kashmir, highlighted challenges relating to Sections 42 and 50, searches, independent witnesses, videography, inventory, chain of custody, sampling, forensic delays and collection of digital and financial evidence.
She emphasized timely compliance and proper documentation, particularly in view of the geographical and cross-border trafficking challenges in Jammu & Kashmir.
Session-II, titled “Identification of Investigation Gaps Affecting Prosecution and Evidentiary Strength”, was conducted by Aftab Jeelani Wani, Public Prosecutor, NCB, Srinagar Zonal Unit. He emphasized that the strength of an NDPS prosecution depends substantially upon the quality and legality of investigation, particularly compliance with statutory requirements, proper search and seizure, documentation, chain of evidence and establishment of foundational facts before reliance on statutory presumptions.
Session-III, titled “Appreciation of Evidence and Common Grounds Leading to Acquittals; Coordination between Investigators, Prosecutors and Judiciary for Strengthening Cases”, was conducted by Justice Mohammad Yaqoob Mir, Former Chief Justice, High Court of Meghalaya, with focus on appreciation of evidence and coordination among the stakeholders for strengthening NDPS cases.
During Session-IV, Srinivasan Gopal, Former Assistant Director, Directorate of Revenue Intelligence, highlighted the mandatory compliance framework governing search, seizure and arrest under the NDPS Act. He emphasized proper sampling, inventory, documentation and maintenance of an unbroken chain of custody from seizure through forensic examination and production before the court.
Session-V, conducted by Naseer Ahmad Dar, Director, J&K Judicial Academy, focused on the judicial approach to bail under Section 37 of the NDPS Act, including the twin conditions applicable in commercial-quantity cases. He emphasized that the bail stage should not become a mini-trial and highlighted measures for timely disposal of cases, including effective witness management, case tracking, prompt Section 52A compliance and FSL reports, reduction of unnecessary adjournments, time-bound charge framing and greater use of video conferencing.
The programme brought together the judiciary, prosecution, police, NCB, ANTF and other enforcement stakeholders, facilitating an interdisciplinary exchange aimed at strengthening investigation, evidence preservation, prosecution and adjudication of NDPS cases.
The programme concluded with Concluding Remarks by Piyush Kumar Ankit, Zonal Director, Narcotics Control Bureau, Srinagar, followed by the Vote of Thanks by Naseer Ahmad Dar, Director, J&K Judicial Academy.
The proceedings of the day were moderated by Mufti Nahida, Additional Mobile Magistrate (T), Srinagar.