Asking for a detailed plan to address the issue of the non-appearance of cops in drug trial cases within 24 hours, the Punjab and Haryana high court on Thursday said that the trend gives rise to a genuine apprehension of possible “unholy nexus” with the drug mafia.
The high court bench of justice Manjari Nehru Kaul, in the presence of Punjab home secretary Gurkirat Kirpal Singh and director general of police (DGP) Garuav Yadav, said that the government appeared to be “ineffective” in addressing the issue. “When government witnesses, who are police personnel, fail to appear for years to testify, it raises suspicions about the police’s conduct. It’s evident that there is collusion between the drug mafia and the police,” the bench orally observed as the state’s DGP was listing out initiatives taken by the authorities to deal with the drug menace.
Justice Kaul had summoned the duo as it came to light on Wednesday in a drug seizure case that the charges stood framed in August 2021. But since then only one prosecution witness out of the 20, has been examined to date. Thus, the accused had approached the court seeking bail arguing that he could not be allowed to languish in custody for reasons attributable only to the prosecution and the prosecution alone.
Justice Kaul also emphasised, in the order released later, that it was not one odd instance where the police officials, who are prosecution witnesses have repeatedly absented. A number of such cases have been frequently coming to the notice of the court over the years, however, despite repeated assurances given by the state, the situation remains the same.
{{/usCountry}}Justice Kaul also emphasised, in the order released later, that it was not one odd instance where the police officials, who are prosecution witnesses have repeatedly absented. A number of such cases have been frequently coming to the notice of the court over the years, however, despite repeated assurances given by the state, the situation remains the same.
{{/usCountry}}The court clarified that it would not hesitate to laud cops for their earnest efforts, if made, to address the drug issue. However, after the completion of the probe, they are duty-bound to assist the courts to bring the trial to its logical conclusion by appearing as prosecution witnesses. “However, if their act and conduct prevents the timely conclusion of trials, their efforts in curbing the menace of drugs, which has spread like termites, would be rendered futile. The Police cannot afford to be, thus, casual in their approach and their conduct by not appearing before the trial court to record their evidence, as it would amount to abdication of their duty towards the State as well as towards the cause of justice, which is something the society can ill-afford,” the bench recorded.
The court said that it did not in any manner intend to “bring down the morale” of the police. “…however, the continuous absence of police officials/prosecution witnesses under the NDPS Act, does give rise to a genuine apprehension qua some of them possibly having an unholy nexus with the drug mafia, which needs to be curbed with a heavy hand without any further delay, failing which the situation could worsen beyond repair,” the bench recorded.
The DGP had told the court that Punjab was fighting the nation’s battle as most drugs are coming from across the international border. Punjab is registering 12,000 to 14,000 FIRs under the NDPS Act every year out of around 70,000 FIRs registered across India. “Record seizures of 1,100 kg of heroin in 2023 – highest so far – over 500% increase in heroin recoveries in the last 3/4 years. The conviction rate is 80% in NDPS cases,” Yadav had told the court adding that the state is putting in place a mechanism to ensure the deposition of official witnesses in NDPS Act cases.
A state-level monitoring mechanism has been evolved with nodal officers in districts. Strict departmental action against police officials is being taken against those not attending courts, he submitted.
However, the dissatisfied court, said that the purpose for summoning them was not to get the data/statistics of how many cases under the NDPS Act had been registered or for that matter the quantity of narcotics recovered by the police but they had been directed to appear to address a larger issue of continuous non-appearance of police officials in NDPS cases due to which “trials in these cases had come to a virtual standstill across the state”.
While addressing the court, the state’s advocate general Gurminder Singh had also stated that the delay in the trial was also attributable to the judicial officer concerned going on leave. However, the court referring to the record of the case recorded that the bench did not “concur” with his submission.