32 He stated that if alcohol is drunk with food and death occurs within 1 hour thereafter, then it is possible for the semi-digested food to smell of alcohol. He admitted that he did not find any such smell of alcohol. His testimony weakens the prosecution’s claim that Ajit Pal consumed whiskey just before he was killed. 37. Before parting with the case with our verdict, we may note with deep and profound concern the disappointing standards of police investigation that seem to be the invariable norm. As long back as in the year 2003, the Report of Dr. Justice V.S.Malimath’s ‘Committee on Reforms of Criminal Justice System’ had recorded thus: ‘The manner in which police investigations are conducted is of critical importance to the functioning of the Criminal Justice System. Not only serious miscarriage of justice will result if the collection of evidence is vitiated by error or malpractice, but successful prosecution of the guilty depends on a thorough and careful search for truth and collection of evidence which is both admissible and probative. In undertaking this search, it is the duty of the police to investigate fairly and thoroughly and collect all evidence, whether for or against the suspect. Protection of the society being the paramount consideration, the laws, procedures and police practices must be such as to ensure that the guilty are apprehended and punished with utmost dispatch and in the process the innocent are not harassed. The aim of the investigation and, in fact, the entire Criminal Justice System is to search for truth. ……The standard of police investigation in India remains poor and there is considerable room for improvement. The Bihar Police Commission (1961) noted with dismay that “during the course of tours and examination of witnesses, no complaint has been so universally made before the Commission as that regarding the poor

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents