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
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