After HC rap, Punjab DGP orders cops to depose as witnesses in drug cases

Tribune News Service

Saurabh Malik

Chandigarh, January 4

Rapped repeatedly by the Punjab and Haryana High Court for failure of the police officials to step in the witness box in drugs cases despite recurring adjournments and issuance of bailable and non-bailable warrants, Punjab Director-General of Police has issued detailed instructions.

Appearing before Justice Jasgurpreet Singh Puri’s Bench, Advocate-General submitted that the instructions had been issued to the police officials in the districts and the commissionerates. He added that the menace would hopefully be solved “as early as possible since weekly and monthly reports are being sought not only by the office of the DGP, but also by the Director-Vigilance”.

Justice Puri had, on a previous date of hearing, asked the Advocate-General to assist the Bench in larger perspective as the court had seen in several cases that the police officials in their capacity of official witnesses were not deposing in drug cases despite the issuance of bailable and non-bailable warrants and even warrants of arrest.

“Looking at the sensitivity of the situation, the Advocate-General has today apprised this court that now the DGP has issued detailed instructions…,” Justice Puri observed, while taking on record a copy of the instructions/letter dated November 30, 2022.

Justice Puri was hearing a drugs case where the police officials failed to depose despite 20 adjournments, issuance of bailable warrants for eight times and non-bailable warrants once. Justice Puri observed the court, prima facie, had reasons to believe that the accused were not guilty of the offence at least at the current stage.

Justice Puri also made it clear that the facts of the case would lead the court to draw an “adverse inference” against the prosecution, at least for considering the effect of Section 37 of the NDPS Act, containing bar to bail in cases involving commercial quantity.

Granting regular bail to two accused in a case registered on March 12, 2021, under the NDPS Act, Justice Puri observed both had faced incarceration for over 20 months.

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