'Troubling Pattern': High Court Directs Punjab DGP To Explain Repeated Non-Appearance Of Prosecution Witnesses In NDPS Cases

Continued indifference by the prosecution will not be tolerated, said the Punjab & Haryana High Court while seeking affidavit from DGP Punjab explaining "the repeated non-appearances of prosecution witnesses, particularly in cases registered under the NDPS Act."

Justice Manjari Nehru Kaul said, "This court has noted a troubling pattern where prosecution witnesses, primarily police officials, fail to attend court proceedings, leading not only to unnecessary delays in the conclusion of trials but also contributing to the growing backlog of pending cases before the courts. This persistent negligence undermines the very foundation of the judicial process and denies the accused their fundamental right to a fair and speedy trial."

These observations were made while hearing a bail plea, wherein the Court noted that since framing of charges in July, 2023 the case has been adjourned on multiple occasions solely due to the non- appearance of prosecution witnesses, all of whom are police officials.

The Court noted that despite the issuance of bailable and non-bailable warrants, the officials "blatantly disregarded the directives of the Trial Court, failing to present themselves for the recording of evidence."

"This has resulted in significant and undue delay of the trial, solely due to the negligence on the part of the prosecution, severely compromising the petitioners' right to a speedy trial and their personal liberty as guaranteed under the Constitution of India", added the  Court.

Justice Kaul said that the authorities must take immediate corrective measures to address the issue.

"Continued indifference by the prosecution will not be tolerated, and it would not lie in the mouth of the State counsel to oppose bail applications in cases where the accused have been languishing in jail due to no fault of their own, but solely because of the failure of the prosecution to perform its duty," added the judge.

The Court said that If these delays persist, it will significantly undermine the credibility of the case of the prosecution and the ability of the State to administer justice.

While listing the matter for November 11, the Court said, "the affidavit from the Director General of Police, Punjab, is to be submitted positively on the next date of hearing, ensuring that the issue of non-appearances of prosecution witnesses is addressed and remedial steps are outlined."

Mr. N.S.Dandiwal, Advocate for the petitioner in CRM-M-15873-2024.

Mr. Prateek Pandit, Advocate for the petitioner in CRM-M-21460-2024.

Mr. Amit Rana, Sr. DAG, Punjab with Mr. Navdeep Singh, DAG, Punjab.

Title: Jaswinder Singh @ Chichar @ Chhinder v, State of Punjab

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