Non-appearance in drug case: HC orders arrest of three Moga cops

CHANDIGARH The Punjab and Haryana high court has ordered the arrest of three cops of Moga district who skipped trial court proceedings where they had to appear as

CHANDIGARH The Punjab and Haryana high court has ordered the arrest of three cops of Moga district who skipped trial court proceedings where they had to appear as prosecution witnesses in a drug seizure case.

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The high court bench of justice Rajbir Sehrawat has directed that trial court would issue non-bailable warrants against the cops within three days and superintendent of police, Moga, would ensure that all cops are taken into custody within next seven days. “Thereafter all those persons shall be kept in protective custody at district jail/sub-jail Moga, till their examination and cross-examination is complete,” the bench said.

The station house officer, Kot Ise Khan, has been summoned on next date of hearing with details of police officials who were entrusted with the duty of execution of the warrants issued by the trial court against the witnesses, but were not executed by them. It has come before court that in out of 18 hearings, 16 hearings had to be adjourned due to their non-appearance.

The court acted on the plea of accused, Kakka Singh, who had approached court with anticipatory bail plea in April 2016 FIR in a drugs seizure case against him.

His counsel, Brijeshwar Singh Bhalla had told court that Singh was granted bail in March 2017, and he appeared regularly in the court for at least 17 dates only to get an order from the court that no prosecution witness was present. “This was happening despite the fact that all the witnesses in the case happens to be police officers. On one date in September 2019 petitioner could not appear due to confusion on date of hearing. Hence, the bail granted to him has been cancelled and warrant of arrest has been issued,” Bhalla had told court.

From the trial court proceedings, the high court found ‘very gloomy’ picture of the police functioning. It found that in atleast 18 orders passed by the trial court, on about 16 dates the case was adjourned only for the reasons that the police officers were not present. It also came to light that trial court had passed an order of stopping the salary of the officers for their non-appearance. But compliance of the same was not communicated to court. Further it also came to light that warrants were issued by the court against the officers (witnesses) but were not executed by police. “Therefore, the entire process undertaken before the trial court has turned out to be a joke upon the fundamental right of the petitioner; to life and liberty, which cannot be scuttled in the casual manner; as is being done by the prosecution in this case,” the court said ordering arrest of cops who were to appear as witnesses.