Noting that the samples were drawn and other formalities were done at the spot, the court said, “However, there is no explanation by any of the witnesses as to how the FIR number came to be reflected on those memos when admittedly the same was lodged later in time. Articles 14, 21 and 39-A of the Constitution cast an obligation on him to follow the procedural safeguards in ensuring fair investigation,” said the bench of Justice Harpreet Singh Brar. An investigating officer, in this context, becomes the linchpin of the criminal justice delivery system. Hence, the fundamental right to a fair trial, as envisaged under Article 21 of the Constitution, becomes all the more essential to dispensation of justice. Every accused is entitled to the procedural safeguards and the investigating agencies cannot deviate therefrom. “The foundation of justice dispensation rests upon the public faith and trust. In the case registered in August 2007, the three accused were convicted and sentenced to 10 years imprisonment by the trial court in February 2014. The Punjab & Haryana High has acquitted three persons in a case under the Narcotic Drugs & Psychotropic Substances Act, observing that there were gaping holes and inadequacies in prosecution evidence.
0 kommentar(er)
