Punjab and Haryana High Court tells special courts to fast-track NDPS trials

In a significant directive aimed at curbing trial delays, the Punjab and Haryana High Court has ordered all Special Courts in Punjab, Haryana and the Union Territory of Chandigarh to expedite trials in cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, particularly those involving commercial quantities.

Justice Anoop Chitkara issued the order while dismissing the fourth bail plea of an accused arrested with six kilograms of ICE and 21 kg of heroin.

While rejecting the plea, the court observed that although the right to a speedy trial is a constitutional guarantee, certain accused often manipulate this right by adopting deliberate delaying tactics. “Justice delayed is justice denied; but when delay is self-engineered, Article 21 becomes a shield of convenience, not a sword of liberty,” Justice Chitkara noted.

Emphasising accountability at every stage, the court laid down a nine-point guideline to ensure timely completion of NDPS trials. The directions, which will be effective from January 1, 2026, are to be followed by trial courts, investigating agencies, laboratories, and the prosecution.

Under the guidelines, forensic laboratories have been instructed to prioritise the testing of NDPS samples. Directors and Deputy Directors of laboratories will be held accountable for any unwarranted delay in processing samples.

The court has directed that investigations must be prioritised and completed well before the statutory limit of 180 days. If an accused secures default bail under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the investigating agency must examine the reasons for non-filing of the charge sheet through an IPS officer.

Further, if an accused in custody is not produced before the trial court—either in person or virtually—the matter must be reviewed by a Deputy Inspector General of Prisons. Any delay caused by videoconference failures, poor connectivity, or infrastructure issues must be reported to the Principal Sessions Judge.

The order stipulates that bail should be cancelled if an accused fails to appear without a valid exemption. Similarly, official witnesses absent without sufficient cause must face disciplinary action, with the court notifying their superiors. Public Prosecutors or Defence Counsels found intentionally delaying proceedings will also be reported to their respective authorities.

If a trial judge is responsible for persistent delays, the Principal Sessions Judge is to inform the Administrative or Portfolio Judge concerned. The court also instructed that witness examinations already underway should be completed on a day-to-day basis.

The Registry has been directed to circulate digital copies of this order to all Sessions and Additional Sessions Judges in Punjab, Haryana, and Chandigarh, as well as to the Directors General of Police of the three jurisdictions.

Justice Chitkara concluded that these measures are intended to uphold the integrity of the criminal justice system and ensure that NDPS cases involving commercial quantities are adjudicated swiftly and fairly.