Punjab & Haryana High Court flags non-cooperation of police witnesses in NDPS cases, summons top cop

The Punjab and Haryana High Court on Tuesday summoned the Director General of Police (Law and Order) over repeated non-cooperation of official witnesses in the trials under Narcotic Drugs and Psychotropic Substances (NDPS) Act [Naseeb Singh v State of Punjab]

Justice Sumeet Goel observed that official witnesses in NDPS cases, who in most cases are police personnel, consistently fail to appear before the trial courts to tender their evidence, despite the issuance of bailable warrants and even non-bailable warrants.

The Court added that there are several cases where even bailable warrants remain unexecuted for extended periods, resulting in routine adjournments of trials under the NDPS Act.

"This state of affairs reflects a deeply disturbing and systemic lapse in the prosecutorial mechanism, whereby the trial is stalled indefinitely due to the indifference or willful non-cooperation of official witnesses. Such conduct not only frustrates the right of the accused—whether incarcerated or on bail—to a speedy trial as enshrined under Article 21 of the Constitution of India, but also gravely undermines the administration of criminal justice," the Court said.

The Court noted that the police often act with urgency when registering an FIR, and arresting the accused but once the case reaches trial, the same urgency frequently disappears.

It underscored that the presentation of challan does not conclude a case but only marks the beginning of a duty to diligently prosecute the case.

"When the process issued by the court, repeatedly, fails to secure attendance of official witness, the issue is no longer an isolated administrative lapse but reflects a serious institutional failure. Judicial time is being spent not on adjudicating the case, but on compelling the prosecution to perform its basic duty," it said.

The Court made these observations while dealing with the second bail plea of an accused in a drugs case. In the case pertaining to recovery of 2.48 Kg of heroin, the accused has been in custody since March 28, 2025.

The counsel representing the petitioner said that none of the cited prosecution witnesses have been examined till date. He added that despite repeated non-bailable warrants against the police witnesses, they have failed to appear before the trial court.

Considering the delay, the Court granted interim bail to the accused till the next date of hearing.

In the order, the Court also said that it cannot turn a blind eye to the conduct of prosecution.

The Court observed that the abdication of duty by official witnesses, who are employees of the State, erodes public confidence in the justice delivery system and emboldens criminal elements by showcasing prosecutorial apathy.

It sets a dangerous precedent where procedural laxity takes precedence over judicial efficacy, it added.

The Court further observed that the delay also compromises deterrence and enables the recycling of narcotic offenders back into society during pendency of trial and obstructs the objective of the NDPS Act.

"In effect, such dereliction by State officials, especially serving police officials, amounts to an affront to both rule of law and societal welfare. Senior police officials—in particular, at the helm of the police force at the district level, i.e. the concerned SSP/SP are also under a bounden duty to monitor the conduct of their subordinate police officials and ensure their presence for tendering evidence before the concerned trial Court," the Court said.

It emphasized that this "exhibition of laxity and apathy" by the police officials deserves redressal. The Court also called out the apparant abdication of duty by the senior police officials.

"It is a serious affront to the authority of judicial process and, more importantly, an abdication of the prosecution’s obligation to bring its own prosecution to a lawful conclusion," the Court added.

Considering the situation, the Court directed Director General of Police (Law and Order), Punjab to remain present before it on September 21 to explain the malady of prosecution witnesses not appearing before the trial court despite repeated non-bailable warrants having been issued against them.

Advocates LS Sekhon, MS Sweedel and GS Gill represented the accused.

Deputy Advocate General Hemant Aggarwal represented the State.

[Read Order]