How Many Cases Under NDPS Act Pending For Two Or More Yrs After Framing Of Charges? High Court Asks Punjab Govt

Expressing concern over the lackadaisical approach of the Punjab government in dealing with drug menace, the High Court has directed the State to provide information on the number of NDPS cases pending before the trial court despite framing of charges two years ago or more.

Justice Manjari Nehru Kaul said, "give details about how many cases are pending trial in NDPS Act since 2 years or more, after the framing of charges where evidence has not commenced." The Court further added that if the case is pending after the framing of charges and evidence has not yet commenced that will show the cases are pending because police officials are not appearing.

The Court has recently expressed strong objection to repeated non-appearance of police officials as witnesses in NDPS cases. Suspecting complicity of the Police in these matters, Justice Kaul had summoned the State's Home Affairs Secretary and DGP and queried 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 Court had also observed that the Police are duty bound to maintain law and apart from completion of investigation and presentation of challan, they 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."

"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 Court had said.

In pursuance of the Court's direction, the counsel appearing for the State today sought more time and submitted that the report is in final stage. The Court allowed the time and stated that "purely in the interest of justice, last opportunity has been given."

The matter is now posted for October 31.

Case Title: Arshdeep Singh v. State of Punjab