1,080 Division Bench appeals pending since 2013

Saurabh Malik

Chandigarh, January 12

In Punjab, Haryana and Chandigarh, it is a long way to justice for the accused in drug cases with the high pendency and low disposal of appeals. On an average, just over an appeal a month has been decided by the Division Benches since 2013. On the other hand, almost 214 appeals were decided by the Single Benches on an average every year for the same period.

Information provided to a Division Bench of the High Court by its Registry reveals that 1,080 appeals in cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act have been pending before the Division Bench since 2013. Besides, 14,827 appeals are pending before the Single Benches for the same period.

From 2013 to date, just 129 Division Bench appeals under the NDPS Act — where the sentence was 10 years or more — were decided. Of the total appeals, 65 were dismissed, 33 allowed and 31 disposed of. In case of Single Bench appeals under the NDPS Act — where the sentence was up to 10 years — 1,925 appeals were decided — 671 were dismissed, 594 allowed and 660 disposed of.

The Bench of Justice Ajay Tewari and Justice Pankaj Jain, vide order dated October 5, 2021, had directed the Registry to provide year-wise details of the pending appeals under the NDPS Act. The Bench was hearing a bunch of applications in criminal appeals filed against the Narcotic Control Bureau by Bhupender Singh and other appellant-convicts through counsel Navkiran Singh, Shaveta Sanghi, Aditya Sanghi and other advocates.

The direction to the Registry to collate year-wise information on the pending appeals came after the Bench was told that appellants before it in drug cases had undergone a substantial part of the sentence. But their appeals were yet to be heard. The Bench had observed that the convicts were seeking suspension of sentence on the ground that they had undergone a substantial part of the sentence, but the appeals had not been heard.