High Court raps ‘incorrigible’ Punjab Police for failure to depose in drug cases

Saurabh Malik

Chandigarh, May 18

The Punjab and Haryana High Court on Saturday said the State of Punjab did not need a reminder of the widespread drug menace prevalent in “this part of the country” before rapping it for its failure to ensure the presence of police officials as prosecution witnesses in such matters despite assurance by the state police chief. 

The Bench made it clear that the court would no longer accept apologies and assurances on future compliance by the state.

Concrete steps were required to be taken to ensure accountability, including initiation of disciplinary action against erring officials if required. 

Justice Manjari Nehru Kaul noted that the court had repeatedly observed consistent failure on part of the prosecution witnesses to appear before the trial court to provide their testimony, particularly in cases under the provisions of the Narcotic Drugs and Psychotropic Substances Act. 

Justice Kaul added the Punjab director-general of police was asked to appear before the Bench on a previous occasion following persistent irregular appearances of the police officials in drug cases. 

The police chief, in response, gave a categorical undertaking after appearing before the Bench that the prosecution witnesses would regularly attend the proceedings in such matters before the court concerned and get their evidence recorded promptly. 

“Despite this assurance, the problem persists, and obviously it has not produced the desired results. It is imperative that the State of Punjab addresses the recurring issue of prosecution witnesses’ irregular appearances in cases under the NDPS Act and implement effective remedial measures, rather than repeatedly apologizing to this Court. It is made clear that this Court would no longer accept any apologies and assurances by the State of Punjab of future compliance,” Justice Kaul asserted.

The assertions came as Justice Kaul granted bail to an accused in a drugs case registered in August 2022 at Bajakhana police station in Faridkot district. 

The Bench asserted 400 kgs of poppy husk was allegedly recovered from the accused while he was driving a truck. But the liberty of an accused could not be compromised “on account of the lackadaisical attitude of the prosecution witnesses, who for reasons best known to them have not been appearing to get their evidence recorded”.