HC slams investigating agencies for ‘half-hearted probe’ in most cases
The Bombay High Court recently expressed its dissatisfaction over the manner in which investigation agencies conduct probe in majority of criminal cases. The HC observed that the agencies carry out probe half heartedly, in majority of cases.
The scathing observation was made by a single-judge bench of Justice Sadhana Jadhav, while hearing a bail application of a man booked under charges of dacoity and also the stringent Maharashtra Control of Organised Crimes Act (MCOCA).
According to the prosecution's case the accused Akash Khomane along with other dacoits had looted a company's jeep, which was entrusted with the job of depositing cash in ATM machines by the Bank of Maharashtra in Pune. It was alleged that the bank had handed over nearly Rs. 99 lakhs to the company, which had appointed co-accused Suraj Pavale for the job. As per the schedule, Suraj alongwith other staff of the company went to various ATM machines and deposited money.
On their way to some other ATM machine, the accused along with his associates intercepted the jeep (in which Suraj was carrying money) and looted more than Rs. 42 lakhs.
Investigations in the case had revealed that Suraj was a member of the gang which allegedly looted the jeep. He had informed them about the money and as per their conspiracy, Akash alongwith other coaccused executed the plan.
Interestingly, the prsecution claimed to have completed the probe and had even filed a chargesheet and the matter being tried by a special court.
Justice Jadhav, however, noted that despite seizing a cell phone from Akash, the investigators had neither sent it for forensic tests and nor had it retrieved the Call Data Records (CDRs) or other information from the device.
“Recovery of the cell phone is futile as it was not sent for any forensic test and nor was its data retrieved. In fact, at the stage of filing chargesheet also, it is incumbent upon the investigating agency to make out a specific case against the accused, especially when he is being prosecuted under the charges of MCOCA,” Justice Jadhav said.
Hitting out at investigating agencies, Justice Jadhav observed, “It is heartbreaking to observe that in fact in most of the cases the investigating agencies are carrying out a half-hearted probe, even at the stage of a trial. It must be noted that any court cannot go beyond the papers of investigation and there is a rise in the acquittal rate.” Accordingly, Justice Jadhav allowed the application and directed release of Akash.
Hitting out at investigating agencies, Justice Sadhana Jadhav observed, ‘It is heart-breaking to observe that in fact in most of the cases the investigating agencies are carrying out a half-hearted probe, even at the stage of a trial. It must be noted that any court cannot go beyond the papers of investigation and there is a rise in the acquittal rate.’