Punjab and Haryana High Court raps judicial officers for ‘casual’ handling of NDPS case

Taking a note of the perfunctory manner in which an NDPS trial is being conducted in Sirsa, the Punjab and Haryana High Court has asserted that “various presiding officers of the court have passed the orders in a very casual and cavalier manner.” The admonition came as Justice NS Shekhawat of the high court directed the Sirsa Sessions Judge to immediately convene a meeting of all judicial officers in the district and impress upon them to take court proceedings seriously.

“It is always expected that the judicial officers will adopt a sincere approach in dealing with sessions trial. Even no leniency should be shown towards the accused, who are facing charges of smuggling of drugs,” he asserted.

The Bench was hearing a petition seeking regular bail in a case registered in 2021 under the provisions of the NDPS Act at Nathu Sarai Chopta police station in Sirsa district. The State’s stand in the matter was that the petitioner was a habitual offender and not entitled to the concession of bail by the high court. The Bench was assisted in the matter by advocates Arpandeep Narula and Vrishketu for the petitioner, while the State was represented by Senior Deputy Advocate-General Haryana Rajinder Kumar Banku.

The State counsel produced before the Bench photocopies of zimni orders passed by the trial court in the matter. Justice Shekhawat observed that the challan was filed on June 10, 2021, and charges were ordered to be framed on March 8, 2022. But no prosecution witness was examined even after three years and five months.

“It can never be expected that the judicial officers, who are presiding over a court of cases registered under the provisions of NDPS Act, shall perform their duties in such a casual manner”, Justice Shekhawat said.

Expressing displeasure, Justice Shekhawat made it clear that such an approach could not be expected of judicial officers.

Pulls up police for laxity in probes

The court also came  down heavily on the lack of supervision in drug-related investigations across Haryana and ordered the DGP to compile and file a comprehensive list of all NDPS cases registered in the state in which the accused have not been arrested for more than six months.

“Even in various cases, this court has also noticed that there is no supervision of investigation of cases, which were registered under the provisions of the NDPS Act in various districts in the State of Haryana,” the court said.

The Bench made it clear that the affidavit to be filed by the DGP was required to include exhaustive particulars, including the number and other details of FIRs registered under the Act.

The affidavit was also required to disclose the steps taken to arrest such accused and whether action was initiated against the investigating officer in cases where negligence was found on their part.

The court also called for details on whether proceedings were initiated to declare such accused proclaimed offenders or proclaimed persons under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Justice Shekhawat added it was further required to specify whether application was moved before the court concerned for attachment of the movable and immovable properties of such absconders.