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Report No. 155

Annexure VI

Summary of the Proceedings of the National Seminar on Criminal Justice Held at Vigyan Bhavan, New Delhi, on 22-23 February, 1997

The following persons attended the seminar:

Agarwal Anita, High Court, Bombay.

Agarwala E.C., Advocate, Supreme Court.

Agarwal Mahesh, Advocate, Supreme Court.

Agarwal S.K., Advocate.

Agarwal Sharda Ms., Addl. Dt. S.J, Delhi.

Anand A.S. Dr. Justice, Judge, Supreme Court.

Anand Pinki Ms., Advocate, Delhi High Court.

Anand S.D., Joint Secretary (Law) Haryana.

Arunachalam T.S., Sr. Advocate, Supreme Court.

Arya Aditya Dr., Dy. Commissioner of Police, Delhi.

Bagga Reena, Advocate.

Balaji V., Advocate.

Bakshi P.M., Former Member, Law Commission.

Balchandran M., D.I.G.; CBI.

Banarjee D., Addl. D.C., Intelligence, Calcutta.

Bhagat Achal, Sr. Consultant, Appollo Hospital.

Bhatnagar A.P., Addl. D.G.P., Punjab.

Bharadwaj Omendra, D.I.G., Rajasthan.

Biswas A.M. Member, National Commission for SC & ST.

Chandra Bharat, Addl. D.G.P., Andhra Pradesh.

Chandra Satish Dr., Addl. LO., Law Commission.

Chaudhary Musharraf Ms., Advocate.

Chawla S.C., Advocate.

Chopra R.C., Addl. Dist. & Session Judge, Delhi.

Das B.S. Advocate, Cuttack.

Das Manoj K., Advocate.

Dave V.S. Justice, Retd. Chairman, State Law Commission, Rajasthan.

Dhania R.P., Chief Prosecutor, Directorate of Prosecution, Delhi.

Dhawale Sujatna, Confederation of Doctors Assn.

Dikshit R.C., Addl. D.G.P., Uttar Pradesh

Dulre N., D.I.G., Gwalior.

Gambhir S.K., Advocate , Delhi.

Gambhir Vivek, Advocate, Delhi.

Ganguly A.K., Justice.

Garg Manish, Advocate, Delhi.

Gautam D.N., D.I.G., I.T.B.P.

Ghildiyal Subodh, Journalist.

Gulati B.L., Secretary (Law), Haryana.

Gupta Aruneshwar, Advocate.

Gupta Arvind, Advocate.

Gupta A.K., Advocate.

Gupta Dipankar, Sr. Advocate.

Gupta K.L., A.D.G. Police (Crime), Uttar Pradesh.

Gupta R.L. Justice, Member, Law Commission.

Gupta Naresh Kumar, Advocate.

Gupta Shekhar, Editor, Indian Express.

Jacob Alice Mrs., Member, Law Commission.

Jain R.C., New Delhi.

Jain R.K., Sr. Advocate, New Delhi.

Jha S.N. Justice., Judge, Patna High Court.

Kak Purnima Bhat Ms., Advocate, Supreme Court.

Kapoor Suman, Advocate.

Katara Parmanand Pt., Advocate.

Kaw Sanjay, Journalist.

Khalap Ramakant, Union Minister of State for Law & Justice.

Khurana Ruchl Ms., Trainee Advocate.

Krishnamurthy Ch. G., Member, Law Commission.

Kumar Mukesh, Trainee Advocate.

Kumar Sushil, Sr. Advocate.

Kumar Swatnter Justice, Judge, P&H High Court.

Kumaraswamy K., Addl. D.G.P. (Crimes), Tamil Nadu.

Lalit Uday, Advocate.

Manchardi Ramesh, Chief Prosecutor, Directorate of Prosecution, Delhi.

Manohar Sujatha V. Justice, Judge, Supreme Court.

Mansharamani G.G. Dr., Delhi.

Mathur S.P., B.P.R. & D.

Mathew Anne, Advocate.

Meena M.D., I.G, Police, Surat.

Meena R.L., Member-Secretary, Law Commission of India.

Nair Vipin, Advocate.

Narayan Nand Indra, Advocate.

Narayan Ranjana Mrs., Advocate.

Nariman F.S., Sr.Advocate.

Niklesh R., Advocate.

Pahwa Vikas, Advocate.

Pali Anand, Advocate.

Palli Rekha Ms., Advocate.

Pandher G.S., D.G., B.P.R. & D.

Pandian S.R. Justice.

Parthasarathy K., Law Secretary, Pondicherry

Parekh P.H., Advocate.

Perreria Maxwell, Addl. Commissioner of Police.

Pradhan B.R., Law Department, Govt. of Sikkim.

Prasad P.S.V., Jt. Director, S.N.P.A.

Punchhi M.M. Justice, Judge, Supreme Court.

Puri S.S., Director of Public Prosecutions, Mumbai.

Rachhdya P.N., I.P.S.

Raina S.C. Dr., Project Director, B.P.R. & D.

Raheja Devinder, Chairperson, Law Dept., Kurukshetra University.

Ram Mani, I.P.S.

Ramalingam P.N., Advocate.

Rao A.T., Advocate.

Rao D.K. Prahlada, President, Institute of Company Secretaries of India.

Rao M. Jagannadha Justice, Chief Justice, Delhi High Court.

Rao M.V. Krishna, Director, A.P. Police Academy.

Rao P.P., Sr. Advocate.

Rao Sulaxan J.T., A.L.O., Law Commission.

Rangam A.V., Advocate.

Ranganathan Buddy, Trainee Advocate.

Rath Srilok N., Trainee Advocate.

Rathore S.P.S., D.G.P. (Crimes), Rajasthan.

Reddy C.S.R., S.S.P., Chandigarh.

Reddy K. Jayachandra Justice, Chairman, Law Commission of India.

Reddy Sadashiva, Advocate.

Reddy Usha Ms., Advocate.

Sainghar N.K., I.P.S.(Retd)

Salve Harish, Sr.Advocate.

Sampath A.T.M., Advocate.

Sandhu H.S., S.P., C.B.I.

Sankrityayana K. Dr., Member, National Commission for Minorities.

Satish R., Advocate.

Seth Padma Ms., Member, National Commission for Women.

Sharma Atul, Advocate.

Sharma M.K. Justice, Judge, Delhi High Court.

Sharma Pawan Mrs., A.L.O., Law Commission.

Sharma T.C., Advocate.

Sharma Vibhakar, D.I.G., Tirunelveli, Tamil Nadu.

Sharma Vishnu, Advocate.

Shroff M.N., Advocate.

Shinghal N.K. (Retd.), I.P.S.

Sibal Kapil, Sr. Advocate.

Singh J.P. Addl. Dist. Judge, Delhi.

Singh Bhawani, Justice.

Singh Sultan, Advocate.

Srivastava G.P., Advocate.

Srivastava S.C., Jt . Secretary, Law Commission.

Subhashini A., Advocate.

Suri A.K., Addl. D.G., J&K, Jammu.

Suri R.S., Advocate.

Syed S.J., Legal Consultant, National Commission for Women.

Thakker Chnilal Justice, Judge, Gujarat High Court.

Thomas K.T. Justice, Judge, Supreme Court.

Sanjay Tripathi, D.L.O., Law Commission.

Trivedi B.V. Dr., Asst. Director, B.P.R. & D.

Tulsi K.T.S., Sr. Advocate.

Upadhaya A.K., A.L.O., Law Commission.

Varshy Anup Kumar Dr.

Venkatachalliah M.N. Justice, Chairman.

National Human Rights Commission.

Wadhwa D.P. Justice, Chief Justice, Patna High Court.

Yadav R.K., Addl Dt. Judge.

Yadhav Ranbir, Advocate.

On 23rd February, 1997, one session was devoted to Narcotic Drugs & Psychotropic Substances Act. Mr. Justice K.T. Thomas, Judge, Supreme Court or India chaired the session. He observed that provisions or sections 43 to 52 were sufficient.

He pointed out the qualities which the public prosecutor should possess and emphasised the need for appointing competent persons as public prosecutors. He also referred to the UN Conventions on Drugs. According to him the provisions of the NDPS Act are deterrent and stringent. He, however, emphasised the need to plug the loopholes in regard to several other provisions of the Act. He said that many people are not even aware that their statements are to be recorded in the presence of a Gazetted Officer while the law provides that the statement must be recorded either before the Magistrate or before the Gazetted Officer.

Mr. K.T.S. Tulsi, Senior Advocate referred to the problems leading to the collapse of the criminal justice system. He said that the search must be conducted before the Gazetted Officer or the Magistrate, as it is an important safeguard of the rights of the accused. However, he emphasised that the police agency has to be trusted. He further pointed out that legislation has to balance the various situations. Mr. Tulsi gave various statistical data to show the effect of non-compliance of the provisions of the Act.

Mr. H.S. Sandhu, a senior police officer, highlighted the factors leading to failure of investigation and prosecution. He also referred to the law prevailing in USA.

Mr. R.C. Dixit, a senior police officer also pointed out the various loopholes in the NDPS Act.

Mr. Kapil Sibbal, Senior Advocate pointed out that under the provisions of NDPS Act, carrier of drugs is convicted. He questioned, whether it was fair? He further emphasised the various issues related to burden of proof and evidentiary value. In this connection, he referred to laws in the United States of America.

Drugs and Psychotropic Substances Act, 1985 Back

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