'Betrayed Country's Trust': High Court Pulls Up Punjab Govt Over Non-Appearance Of Police Witnesses In NDPS Cases, Says Drug Mafias Getting Bail

The Punjab and Haryana High Court today came down heavily on the Punjab government over repeated non-appeared of police witnesses in NDPS cases. Earlier, suspecting complicity of the Police in these matters, Justice Manjari Nehru Kaul had summoned the State's Home Affairs Secretary and DGP. 

Observing that "it reflects poorly on the State", Justice Kaul today asked the DGP who will take responsibility of drug mafias getting bail on ground of long incarceration because Punjab police is not appearing as witnesses in the case.

The Judge observed that Punjab being on border is a "sensitive State" and non-appearance of official witness is a "very serious issue". Adding that the menace of drugs is coming from across the border and spreading like a wild fire both in Punjab and its neighbouring states, the Court remarked, "you have betrayed the trust of the country."

The DGP indicated there is huge burden of drugs cases in the State and the Police is taking proactive steps. "We have recovered thousands of kgs contraband in the State and out of 1,700 kgs of contraband recovered in the country, 1,400 kgs is recovered in Punjab...Today in the morning itself, huge quantity has been recovered."

However, Justice Kaul responded, "that's what you are supposed to do and you are obligated to do that...I applaud it but who is to be blamed when the drug mafias and drug addicts are getting bails because of non-appearance of your official?"

The Court reiterated that, "the Police are duty bound to maintain law and order and if they are making earnest efforts to curb the drug menace, this Court would not hesitate to laud them for the same. However, at the same time after the completion of investigation of a criminal case and presentation of challan before the Trial Court, the Police are also obligated to assist the Courts to bring the trial to its logical conclusion by getting themselves examined since most of the prosecution witnesses in cases under the NDPS Act are Police officials."

Justice Kaul further added, "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."

 While listing the matter for October 17, the Court directed the State to put on an affidavit what effective measures it is taking on the issue.

"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," Justice Kaul had observed yesterday.