High Court Summons Police Chief Over Witness Non-Cooperation
The Punjab and Haryana High Court has expressed serious concerns about the lack of cooperation from police witnesses in trials under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This was highlighted in the case Naseeb Singh v State of Punjab, where Justice Sumeet Goel summoned the Director General of Police (Law and Order) to address the issue.
During the proceedings, Justice Goel noted that police personnel, who often serve as official witnesses in NDPS cases, regularly fail to appear in court despite being served with bailable and non-bailable warrants. This non-compliance has led to significant delays in trial proceedings, undermining the right to a speedy trial as guaranteed by Article 21 of the Indian Constitution.
Systemic Lapses in Judicial Process
The Court criticized the inconsistency in the police’s approach, contrasting their initial urgency in filing FIRs and making arrests with their apparent apathy when it comes to presenting evidence in court. The submission of a challan, or charge sheet, is merely the beginning of the judicial process, and the Court emphasized the prosecutorial duty to diligently pursue the case thereafter.
Justice Goel stated, “The repeated failure to secure the attendance of official witnesses due to non-compliance with court-issued processes is not just an administrative lapse but a serious institutional failure. Judicial resources are being wasted in compelling the prosecution to fulfill its fundamental responsibilities.”
Case Study: Accused Granted Interim Bail
The observations were made in the context of a second bail plea for an accused involved in a narcotics case concerning the recovery of 2.48 kg of heroin. The accused has been in custody since March 28, 2025. The defense counsel highlighted that none of the prosecution witnesses had been examined, despite numerous non-bailable warrants issued against police witnesses.
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Given these delays, the Court granted interim bail to the accused until the next hearing, underscoring the prosecution’s neglect in fulfilling its duties. The Court expressed that such neglect by state-employed witnesses erodes public confidence in the justice system and enables criminal activities to persist.
Implications of Prosecutorial Apathy
The High Court further observed that the delay in trials compromises the deterrent effect of the NDPS Act and allows narcotic offenders to remain at large while awaiting trial. This situation is described as a severe affront to the rule of law and societal welfare.
Justice Goel highlighted the responsibility of senior police officials, particularly those at the district level, to ensure the presence of their subordinates in court to provide testimony. The Court called for accountability, referring to the police’s “exhibition of laxity and apathy” as needing redress.
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Directive Issued to Police Leadership
In light of these issues, the Court has ordered the Director General of Police (Law and Order), Punjab, to appear before it on September 21. This summons is intended to address the persistent issue of prosecution witnesses failing to attend court sessions, despite the issuance of multiple non-bailable warrants.
The accused were represented by advocates LS Sekhon, MS Sweedel, and GS Gill, while Deputy Advocate General Hemant Aggarwal appeared for the State. [Read Order]
