Krishna Preetham Kanthi, Symbiosis Law School, Pune
ABSTRACT
Drug usage has surged dramatically over the past few decades with the cases in India having risen by 7.7 percent (approx.) 1 with a 20 per cent increase of certain category of drugs2 worldwide as compared to previous years. The government is effectively tackling the issue by employing various enforcement agencies with NCB being the nodal agency. Then comes the onus of conducting trial on the courts. At this stage, during the trial, it may happen sometimes that the trial slows down, the accused is discharged or the case is dismissed due to procedural lacunae in the investigation. One of such procedural lacunae by the investigative agencies which is commonly seen is that the investigation remains pending, even beyond the time stipulated by Law which often takes the form of a bail petition before the court under relevant provisions. The author herein examines various judgements regarding the essentials of the investigation report ought to be filed at the end of the investigation before the court and one of these being the proof of the contraband seized by the relevant enforcement agency. The article delves into the findings of various courts and their rulings. With the question of law pending before the supreme court, and various rulings contrary to one another amongst the lower judicial fora, the author analyses these judgements and analyses the key ratio to make an effective attempt towards breaking down the legal interpretation adopted by the same, and lastly, the future implications of this decision.
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