HC raps judicial officers for ‘casual’ handling of NDPS case, directs Sirsa Sessions Judge to convene meet

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 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,” Justice Shekhawat asserted.

The Bench was hearing a petition seeking regular bail in a case registered in April 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, during the proceedings, produced before the Bench photocopies of zimni orders passed by the trial court in the matter. Taking a note of the orders, 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 asserted.

Expressing displeasure, Justice Shekhawat made it clear that such an approach could not be expected of judicial officers presiding over cases registered under the stringent provisions of the NDPS Act. At the same time, the Bench confirmed the interim bail granted to the petitioner on August 6, 2021, making it absolute after recording that the concession had not been misused in any manner. The court also directed the petitioner to continue appearing before the trial court on each date of hearing and not to absent himself without prior permission.