SRINAGAR 18 May : A court in Jammu and Kashmir has dismissed a supplementary complaint filed by the Narcotics Control Bureau (NCB) in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, observing that further investigation during an ongoing trial cannot be conducted without prior permission of the court.
As per case details, the original complaint was filed before the Principal Sessions Judge, Samba, in connection with offences under the NDPS Act. Charges were framed in October 2022, and the trial had already advanced with prosecution evidence recorded and statements of the accused taken.
During the final stage of arguments, the NCB submitted a supplementary complaint against another accused. However, counsel for the accused objected, contending that no permission had been sought or granted by the court for conducting further investigation in the matter.
While rejecting the supplementary complaint, the court held that any further investigation by the investigating agency without prior approval of the trial court is not legally sustainable. It observed that in the absence of such permission, no presumption of approval could be drawn.
The court further ruled that the supplementary complaint was not maintainable and directed that the accused persons in judicial custody be released forthwith, provided they were not required in any other case.
