Pulling up the continuous failure of official witnesses to appear before the trial courts in Narcotic Drugs and Psychotropic Substances (NDPS) Act cases, the Punjab and Haryana High Court on Tuesday summoned the Director General of Police (Law and Order).

Justice Sumeet Goel expressed surprise that official witnesses in NDPS Act cases, who in most cases are police personnel, hardly ever appear before the trial courts to tender their evidence, despite bailable warrants and even non- bailable warrants being issued.

“There are many cases where even bailable warrants remain unexecuted for months together and trial under NDPS Act are routinely adjourned on the Prosecution side,” the Court said and added.

Observing that police take up registration of FIR and arrest of the accused very seriously but show no urgency when the case comes to trial.

“Upon recording of statement of witnesses and filing of challan, the trial of a case under NDPS Act begins. While presentation of challan ends the investigation phase of a case, it only begins the duty to prosecute the accused vigilantly and efficiently.” The court said.

“When the process issued by the Court (repeatedly) fails to secure the attendance of official witness, the issue assumes serious proportions and is no longer an issue between the trial Court and prosecution. Judicial time is being spent, not on adjudicating cases, but on trying to cajole the prosecution to perform its most basic duty”, the Court made these remarks while dealing with the second bail plea by an accused in a drugs case.

The accused has been in custody since March 28, 20 25 in a case pertaining to recovery of 2.48 Kg heroin.

The counsel appearing for the petitioner submitted that none of the cited prosecution witnesses have been examined till date. Further, he added that despite repeated non-bailable warrants being issued against police witnesses, they have failed to appear before the trial court.

Passing the order granting interim bail to the accused till the next date of hearing, taking into consideration the delay, the Court said that it cannot turn a blind eye to the conduct of prosecution.

It said that delay in trials also defeats the deterrence objective of our criminal justice system and allows repeat narcotic offenders back onto the streets during pendency of trial. Further delay in trial obstructs the very objective of NDPS Act.

“In effect, dereliction by State officials who are meant to see our justice system function effectively- especially those who are serving as police officials amounts to a punishment upon the society at large. Senior police officials- particularly those at the helm of police force at district level i.e. the concerned SSP/SP also have a bounden duty to ensure that such instances of apathy do not occur,” the Court added.

“No semblance of monitoring takes place and this exhibition of laxity and apathy by those supposed to enforce our criminal laws deserves to be called out,” the Court observed.

Directed to remain present before the Court on September 21 to explain why such a malady exists as to why prosecution witnesses are not appearing before the trial court despite repeated non-bailable warrants having been issued against them is the DGP (Law and Order), Punjab.

Advocates Appearing Before The Court

Advocates LS Sekhon, MS Sweedel and GS Gill appeared for the accused.

Deputy Advocate General Hemant Aggarwal appeared for the State.