Conviction rate in NDPS cases barely 20 pc, say experts

Mumbai, Jun 19 (UNI) The conviction ratio in cases pertaining to Narcotic Drugs and Psychotropic Substances (NDPS) Act is barely 20 per cent, primarily due to lack of evidence and failure of follow-up procedure by investigating agencies, legal experts say.

Advocate A H Modi, representing NDPS cases for central agencies, said as per his experience, apart from these two major reasons, the other factors leading to less rate of conviction are hostile witnesses, poor follow-up of recording statements or evidence and improper conditions of search procedure.

He said in majority of the cases, the accused are acquitted on technical grounds because the concerned officials do not follow a proper procedure during investigation.

Mr Modi emphasised the need to modify the Act, which includes recording of statement by a magistrate or gazetted officer or video recording at the time of recording of statement, which should be treated as evidence during trial.

In the first five months this year, 76 chargesheets were filed under the Act in Mumbai alone, while about 900 cases are pending in seven sessions courts here, sources said.

Former Special Public Prosecutor (NDPS cases) S K Menon also supported the view that lack of proper investigation leads the accused to get acquitted in drugs-related cases.

An advocate can put up a case on the basis of investigation papers, and ''we try for conviction, but on technical grounds we lose the case,'' he regretted.

Of late, the drugs cases have been in limelight because of the the alleged involvement of some high-profile people, including actor Fardeen Khan and Provogue brand chief Salil Chaturvedi.

Also, after the recent case of alleged cocaine consumption involving late BJP leader Pramod Mahajan's son Rahul Mahajan, the anti-narcotics cell of Mumbai police has raided several places in the city and arrested over 100 drug-peddlers, including five foreign nationals, according to sources.

Earlier, Joint Commissioner of Police K P Raghuvanshi had also said that 107 gms of 'pure cocaine' was seized from the five foreign nationals, including two from Tanzania and three Nigerians, for allegedly supplying drugs in star hotels and pubs.

UNI ST GK VD HT1530