Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)---Arts.3 & 4--Dangerous Drugs Act (II of 1930), S.14 (2)--Investigation, delay in-Accused was known to police and objectionable material stood recovered at the spot at time of his arrest--Prosecution witnesses were mostly police officials and entire investigation stood almost completed at the spot except chemical analysis of recovered material--Investigating Agency still required more than one year to complete investigation and submit challan before trial Court--High Court showing deep concern over the matter summoned reports about many other such cases pending trial before various Courts and noticed extreme inefficiency and lethargy on the part of investigating agencies and gave directions in that behalf-­[Investigation]. (b) Prohibition (Enforcement of Hudd) Order (4 of 1979)---Arts 3 & 4--Dangerous Drugs Act (II of 1930), S.14(2)--Delay in conclusion of trial--Non-appearance of prosecution witnesses before Trial Courts was found another main reason in conclusion of trials--That cases registered in year 1987, 1985 and even in 1983 were still being adjourned due to absence of prosecution witnesses who were even police officials was considered regretable--Enormous pendency of cases of narcotics was a definite pointer towards the proportions being attained by drug menance in society--Quantity of narcotics recovered from accused persons in almost every case is no more than a few grams, but despite long periods of time consumed in its completion investigation never appears either to reach or even reveal the local source i.e., the local "Big Fish" who are spreading this poison in every street of the city--Law enforcing agencies and the ones in command thereof were advised to think whether it was a case of just a deficient or negligent investigation or of a planned and deliberate design to screen the real "Big Fish." [Witness]. (c) Criminal Procedure Code (V of 1898)---Ss.61, 167, & 344--Criminal Trial--Guidelines for Trial Courts--Courts enjoy a pivotal position in administration of criminal justice--Criminal Procedure at every step places a Court as a guard not only to prevent encroachments upon…

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