Non-appearance of cops in drugs case trials: High court summons Punjab home secy, DGP

The bench of justice Manjari Nehru Kaul while seeking their presence observed that it was left with no other option but to seek their presence

Alarmed over the delay in trial of drugs cases due to non-appearance of police officials, the Punjab and Haryana high court has summoned Punjab home secretary Gurkirat Kirpal Singh and director general of police (DGP) Garuav Yadav on Thursday.

Punjab and Haryana high court

The bench of justice Manjari Nehru Kaul while seeking their presence observed that it was left with no other option but to seek their presence.

The court was dealing with a bail plea in which the accused was in custody since September 2020 and challan was presented in February 2021. The charges also stood framed in August 2021. But since then only one prosecution witness out of the 20, had been examined till date.

The petitioner accused had argued that there is no likelihood that the trial would conclude any time soon. Hence, he could not be allowed to languish in custody for reasons attributable only to the prosecution and the prosecution alone. The prosecution witnesses, are all official witnesses, but had not been appearing during trial to get their evidence recorded, it was argued.

State’s counsel had argued that since the recovery falls under the commercial quantity, he is not entitled for bail. The state’s counsel could not dispute that the trial has come to a virtual standstill due to non-appearance of the prosecution witnesses all official witnesses.

“This has more or less become a regular feature in the State of Punjab that prosecution witnesses, who are mostly official witnesses in cases registered under the NDPS Act, have not been appearing during trial to get their evidence recorded as a result of which the trials are naturally getting delayed,” the bench said adding that on a number of occasions in the past, the court has directed the presence of SSPs of various districts, who repeatedly assured the court that in future trial would not be delayed due to non-appearance of the prosecution witnesses. “However, this court is pained to observe that these assurances have been in vain and possibly have been given only to appease this Court,” the bench remarked adding that in these circumstances, this court will no longer be a mute spectator more so in the light of devastating affect which the menace of drugs is having on the society especially the youth in this part of the country.

Last week faced with a similar case, justice Kaul had asked the home secretary to look into the issue. “The conduct of the police officials raises a big question mark about their competence as also does give rise to some suspicion that there could be some unholy nexus between the accused facing trial under the NDPS Act and the police officials to ensure, on account of their long incarceration, the accused become eligible for being extended the concession of bail,” the bench had recorded adding that it was high time the state woke up from its “slumber” and took effective remedial steps to streamline the working of the police force, more so, when the menace of drugs has penetrated deep into society and is spreading like “termites”.