After Facing High Court’s Wrath, Punjab Govt Directs Police Witnesses To Not Seek More Than One Adjournment In NDPS Trials

The Punjab Government on Wednesday informed the High Court that it has issued directions to the police officers to not seek more than one adjournment from the trial court for appearing as a witness in NDPS cases.

It is also submitted that the DSP of the area concerned shall be personally responsible for ensuring the presence of witnesses who have been summoned through bailable or non-bailable warrants in any trial under NDPS / PTNDPS Act.

The development came after strongly criticism from Justice Manjri Nahru Kaul over police officials not appearing as witness in NDPS Act. She had observed that such non-appearance often led to prolonged trials, resulting in bail of “Drug mafias.”

Summoning the DGP, the Court had directed the State to put on an affidavit what effective measures it is taking on the issue.

In pursuance of the High Court’s order, the Punjab Home Affairs and Justice Department has issued the following directives to the DGP:

Any Police Officer found indulging in any act of harbouring/ assisting criminals charged with NDPS cases shall be dismissed under Article 311 of the Constitution of India, after following due procedure, and shall further be charged under the relevant provisions of NDPS Act and/or PTNDPS Act.

Any Police Officer who attempts to shelter any Police Officer mentioned above shall also be liable for the same penalty.

Any Police officer, who:

a. Has been charged under the NDPS Act/PTNDPS Act; OR

b. Is facing disciplinary proceedings for any act of Omission /Commission related to NDPS / PTNDPS Act; or

c. Wilfully delays the Investigation of any case registered under NDPS/PTNDPS Act; or

d. Intentionally benefits the accused, in any manner through any Act of Omission/ Commission, during the Investigation of any case registered under NDPS/PTNDPS Act;

shall not be posted as a Station House Officer or the superior Superuisory Officer of any Station House Officer, nor shall he be entrusted with the Investigation of any criminal case registered anywhere in the State.

It also stated that during trial of cases registered under NDPS/ PTNDPS Act -

a. No police officer shall seek more than one adjournment fronr the trial court for appearing as a witness

b. The DSP of the area shall be personally responsible for ensuring the presence of witnesses who have been summoned through bailable/non-bailable warrants in any trial under NDPS / PTNDPSAct.

c. The conduct of any Police Officer or Government Official, who wilfully fails to appear as a witness on two occasions shall be inquired into and action including suspension or registration of an FIR, for complicity in the crime for which the trial is underway, may be initiated, as warranted by the findings of such an inquiry.

It further directed thar a Monitoring Committee at the State Level under an officer, not below the rank of ADGP, and including an officer of the Department of Prosecution & Litigation, not below the rank of Joint Director, shall monitor the pace of Investigation and Trial of NDPS cases and resolve any issues that are hampering the speedy trial of cases. This Committee shall also submit monthly reports to the State Government containing details of-

a Compliance of the above directives

b. Details of Officers violating the above directives

c. Action taken, if any, against officials violating the above directives.

The State urged the DGP to issue detailed guidelines in this regard to the officials.

New System To Ensure Speedy Trial

The DGP has submitted a detailed standing order stating that, “In order to overcome the challenges and difficulties in timely appearance of official prosecution witnesses, it has been decided to put in place / lay down a new system…to ensure speedy trial in cases under the NDPS Act, 1985 particulariy appearance of official PWs before the concerned Ld. Court.”

As per the affidavit, a State Level Monitoring Committee will be constituted under an officer not below the rank of ADGP, to monitor and resolve any issues that are hampering the speedy trial of cases.

“A Dedicated 'Pairvi Cell' shall be established in each Police Commissionerate/District/other Police Office/Wing, having notified Police Stations, which shall be headed by an Inspector - rank officer who shall work under the supervision of the Assistant Nodal Officer and the Nodal Officer,” the DGP added.

The ‘Pairvi Cell’ shall segregate the High Priority cases, on which special focus is required. Such cases would include heinous crimes, cases pending trial for a long time, cases where writs have been filed in the Hon'ble High Court, cases fast-tracked by the Courts and other categories.

Over 1600 Cases Pending Trial In State For More Than 2 Years

Answering to Court’s query, the State has informed that there are 16,149 cases pending under NDPS Act, 1985 in which charges were framed before October 17.

The highest number of cases are pending in Amritsar (rural) which is 1,596, followed by Jalandhar (Rural), 1254 and in Moga district 1082.

The matter is now listed for November 16, for further consideration.'

Case Title: ARSHDEEP SINGH @ ARSH V/S STATE OF PUNJAB