Punjab and Haryana HC summons top cop over police witnesses skipping NDPS trials

The Punjab and Haryana High Court has expressed serious concern over police personnel repeatedly failing to appear as prosecution witnesses in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, saying such conduct is delaying trials and undermining the criminal justice system.

Justice Sumeet Goel summoned Punjab's Director General of Police (Law and Order) to appear before the court on September 21 and explain why prosecution witnesses continue to remain absent from trial courts despite the issuance of bailable and even non-bailable warrants. The court observed that the problem was not confined to an isolated case, with official witnesses — predominantly police personnel — frequently failing to turn up to record their evidence. In some cases, even warrants issued against them remain unexecuted for prolonged periods, resulting in repeated adjournments.

Court flags systemic failure

The High Court said persistent failure to secure the attendance of official witnesses could no longer be treated merely as an administrative lapse and indicated a wider failure in the prosecution machinery. It noted that police often display considerable urgency while registering an FIR and arresting an accused, but that momentum sometimes disappears once the matter reaches the trial stage. Filing a chargesheet, the court stressed, does not mark the completion of the police's responsibility. Instead, it begins the prosecution's obligation to ensure that evidence is presented and the trial proceeds towards its legal conclusion.

The court also linked prolonged delays to the constitutional right to a speedy trial under Article 21, observing that accused persons — whether in custody or on bail — cannot be made to suffer because prosecution witnesses fail to cooperate.

Senior police officers at the district level, including SSPs and SPs, have a responsibility to monitor subordinate officers and ensure their attendance when they are required to testify, the court observed.

Accused in custody since March 2025

The observations came while the High Court was hearing the second bail application of Naseeb Singh, an accused in a case involving the alleged recovery of 2.48 kg of heroin.

Singh has been in custody since March 28, 2025. His counsel told the court that none of the prosecution witnesses cited in the case had been examined so far, despite non-bailable warrants repeatedly being issued against police witnesses who failed to appear.

Taking note of the delay, the High Court granted Singh interim bail until the next hearing.

The court said it could not overlook the prosecution's conduct, warning that indifference among government officials responsible for giving evidence damages public confidence in the justice delivery system.

DGP asked to explain

The High Court also highlighted the wider consequences of delayed NDPS trials. Ineffective prosecution, it observed, can weaken deterrence and undermine the objectives of the stringent anti-narcotics law.

It said repeated non-appearance by serving police officials despite court processes amounted to disregard for the judicial system as well as failure by the prosecution to carry cases through to their lawful conclusion.

The DGP (Law and Order) has now been directed to personally appear before the High Court on September 21 and explain the recurring problem of prosecution witnesses failing to attend NDPS trials despite coercive court orders.