Various speakers have talked on various issues. One participant alleged that the top ranking officers of IPS and IAS booze themselves. But I assert that all the bureaucrats don't drink. I was the D.G. (Police), Orissa but had never touched liquor. There are numerous police officers and staff who don't drink too. As I know, Sri S.M. Pattanaik, the former Chief Secretary of Orissa never touched a drink. So one mustn't generalize on the fact of drinking.
Relating to drugs, it is said, three states exist, firstly, man takes the drug. The dose is gradually increased, the addict feels elated, satiated and also gets sound sleep, though temporarily. Then drug takes the drug, and the third stage, Drug takes the man. The man perishes ultimately.
Now let me tell something about my experience with NDPS Act. The grant of bail is not easy in case of defaulters. Supreme Court says NDPS Act is a special Act. Once in Bhubaneswar, one judge granted bail to a defaulter. High Court took action against the judge and suspended him for one year.
The NDPS Act was framed in 1985, amended in 89, and then amended in 2001. Now that it has been amended, I am afraid, crime will increase. Previously the Act had the provisions that brown sugar trafficker will have 10 years of imprisonment and 1 lakh rupees of fine. In the new amended Act, there are 3 divisions, Small, Commercial and Other. For small quantity upto 6 months of jail, or fine of Rs.10,000/- or both. It can be relaxed if the judge wishes so. Under these circumstances, he will certainly get bail. Those with less than 5 years of imprisonment can also get bail. The fear of bail is no more there. Now the defaulters can be released on bail comfortably. Thus crime and peddling will increase. Law has changed. We can't do anything. If one person is apprehended with 3 packets of brown sugar and it was found to be of small quantity, the offender would be forwarded but would get released on bail. Society will be more jeopardized owing to this sorry state of affairs.
The Supreme Court opined that two things need be proved. One is conscious possession and the other exclusive possession. In one such case, Police recovered brown sugar in a scooter dickey from three persons, arrested them but they were released on bail. They said in the Court that the scooter was not theirs.
One Balbir Singh of Sambalpur was arrested with his car carrying 3 sacks of ganja at Nabarangapur. The driver and the accomplice had told that Balbir Singh's people from Malkangiri had sent the ganja. The Chargesheet was sent to the High Court and was prosecuted under Section 482 of CRPC. The High Court upheld the decision of the lower Court. Then Balbir Singh appealed to the Supreme Court to present witnesses in the case against him. The Court declared two persons as witnesses. One is the driver and the other the accomplice himself. Consequently the Judge held the driver, accomplice, and Balbir Singh himself as accused. As per the Indian Evidence Act, whatever the accused speaks the Court won't accept his statement. The a charge-sheet was filed in the High Court against Balbir Singh but however he was released. That was how the system failed to convict the criminal. There was no further investigation on the case. Such has become a universal phenomenon. According to Section 42 of IPC, the Supreme Court has declared the provisions of the Act as mandatory. If these are not followed, the trial will be mistreated. If any Police officer gets information, he should immediately register the case. After the diary entry a copy must be sent immediately to the office of superior authority. If you get an information in night, first record the grounds and send a copy to the bureau. If a police officer has received information and has done diary entry but has not sent a copy, the Court will interrogate about the details and about the proper channel if taken. If the conditions are not fulfilled, the case will be dismissed. If the police staff has raided and has not mentioned the background, the case will be wound up.
We have also got an alternative arrangement included in the Petition. In accordance with the new law, after the raids have been over, the I.O. has to first submit a report to his higher officer within 48 hours. Shall the Court enquire? According to this Act, the report has to be submitted. Have you submitted it? No, I haven't. The case would be dismissed here. According to Section 52, if you arrest someone or seize something, that is to be forwarded to the court and materials to the concerned laboratory without delay. If it is late, you can make further claims in the report. If the High Court grants acquittal in one case, it shall order the police station to store the things or goods for 12 days, who had kept these things? How were they kept? There is not an iota or shred of evidence. Why did it remain in custody for 12 days? There is no suitable explanation for this. For these reasons, the case remains pending in the High Court. The case shall be acquitted for these reasons This also explains why crimes are increasing daily.
Now it is more convenient. Previously people were afraid of bail. According to the law, passed last year, bail will be granted without any difficulties or obstacles. Hence the crime rate shall increase. It shall take a lot of time to discuss this Bill in detail. Many speakers have spoken many things. We have had the privilege of listening to many things. Therefore, I want to request our officers that according to the modified law, change yourselves in such a way, so that the culprit is eventually arrested and punished. If the culprit is not punished, the crime rate shall spread. In today's society, this is the one and only reason of growing incidence of crimes. The guilty are not being punished for a variety of reasons.
Other criminals cite these examples and ask as to why only they should be punished, when the majority of offenders are allowed to go scot-free. This is the scenario at the present moment. Crimes are escalating day by day. If there are 100 cases this year, there are going to be 200 cases next year. This is not a bad sign either. The people shall say that the police acted efficiently. I was the D.G. of the Crime Branch. There had been 247 cases that year. The previous year, in 1994, there had been 111cases. Someone questioned whether the number of crimes had gone up. I replied that they haven't. The policemen detect so many cases. If I say that it hasn't increased, then it means that the police have not detected the crime.
Question from a participant:- If an innocent person is victimized, and punished without any fault of his, then is it the practice of police?
Dr. B.B. Panda:- According to my opinion, this is the absolute truth. Sometimes I have myself seen that even harmless and innocent people have been arrested and locked up behind bars. No doubt there are adequate provisions in law to avert such unhappy incidents. I have seen many isolated and individual incidents taking place where I reside. Deterrent provisions are there in our country. But, the very opposite happens. In India the onus lies on the prosecution to prove the offence against the accused. But exactly the opposite of this happens in France. There the onus lies on the accused.
Question from a participant:- What sort of a legislation be passed to counter the different forms of illegal activities being carried out now-a-days?
Dr. B.B. Panda:- Provisions are being made for the enactment or enforcement of a stringent act or legislation which can effectively curb these immoral or illegal practices. At that time, I was working in the Crime Branch. All the acquittals in the various cases were carried out. The NDPS Act thoroughly outlines the diverse and various steps or methods through which information can be procured. Action has been taken on all those people who have been acquitted. This has happened everywhere.
Question from a participant:- The number of people indulging in drug trafficking has been increasing day by day.
Dr. B.B. Panda:- I have been reiterating or repeating the same thing again and again ever since I was the Additional D.G. of Police. The various jails or prisons are not under the direct jurisdiction of the police department. There is an Additional Director General of Police. In charge of the jails. Therefore, no one can file a police case against the incidents inside the jails. Hence if you so desire, you may write to the Government independently. The Government shall then proceed to direct the Superintendent of Jails to act accordingly.