File affidavit on cops not deposing in drug cases, HC directs top cop

The Punjab and Haryana High Court has directed the Director General of Police, Haryana, to file an affidavit explaining the repeated failure of prosecution witnesses, particularly police personnel, to appear before the trial court in cases under the NDPS Act.

The court has expressed concern over the systemic delays caused by such absences, which infringe upon the fundamental right to a speedy trial as guaranteed under Article 21 of the Constitution.

“A Co-ordinate Bench of this court has previously taken note of a distressing pattern in the State of Punjab, where trials under the NDPS Act have been repeatedly delayed due to the non-appearance of prosecution witnesses. However, this issue is not confined to Punjab alone. A similar but a more pronounced trend has also emerged in the State of Haryana, where the repeated failure of prosecution witnesses to appear before the trial court has led to unwarranted delays in the adjudication of cases. Such systemic lapses not only obstruct the course of justice but also directly impinge upon the fundamental rights of the accused,” Justice Harpreet Singh Brar observed.

Addressing the gravity of drug-related offences, Justice Brar noted, “Strict compliance with procedural mandates and the timely disposal of cases under the NDPS Act are of paramount importance...the illicit trade and consumption of drugs have far-reaching social and economic consequences, fuelling crime, endangering public health and undermining societal stability. Recognising the severity of the issue, the legislature in its wisdom has imposed stringent provisions under the NDPS Act to ensure that offenders are brought to justice without undue delay. Any laxity in the prosecution of such cases not only weakens the deterrent effect of the law but also emboldens those engaged in drug-related offences.”

Justice Brar stated, “Since this court cannot remain oblivious to the seriousness of this issue, the DGP, Haryana, is accordingly directed to submit an affidavit explaining the consistent failure of prosecution witnesses, particularly police personnel, to appear in court for cases under the NDPS Act.”