Police officials not being examined for up to 2 years in drug cases: Punjab and Haryana High Court

Tribune News Service

Chandigarh, April 29

Taking cognisance of inordinate delay of up to two years in the examination of police officials in drugs and other criminal cases, the Punjab and Haryana High Court today made clear its intent to issue guidelines or instructions for preventing impediments due to their non-presence or non-availability.

Justice Avneesh Jhingan also made it clear that periodical supervision was required to ensure implementation of the instructions at the ground-level before asking the States of Haryana and Punjab, along with UT Chandigarh, to assist the Bench in the matter.

Justice Jhingan observed while dealing with regular bail pleas in cases under the NDPS Act it was noticed that non-examination of prosecution witnesses was one of the major causes for delay. The police officials were the prosecution witnesses in most of these cases.

Justice Jhingan asserted another factors for delay undoubtedly was late receipt of forensic science laboratory reports. But it was noticed in the present as well as other petitions that not even a single prosecution witness was examined even after the presentation of challan for more than two years.

“It would not be out of place to mention that this exercise though is required for all the trials, but needs a special attention where the trials are under the Act, more-so considering that liberty of the accused is in case of commercial quantity governed by the provisions of Section 37 of the Act,” Justice Jhingan added.

The provisions for bail were stringent where the recovery was of commercial quantity. Twin conditions were required to be fulfilled under Section 37 — the court’s satisfaction “on a reasonable ground believing that the accused is not guilty of the offence and secondly he is not likely to commit offence in future while on bail”.

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