Chandigarh: The Punjab and Haryana High Court has directed Haryana Director-General of Police to appear personally on September 1 and explain why police officials and other prosecution witnesses repeatedly fail to appear before trial courts in NDPS cases despite warrants.
Justice Sumeet Goel issued the direction while hearing a regular bail petition in a drug case registered in Ambala district under the Narcotic Drugs and Psychotropic Substances Act.
19 Prosecution Witnesses, But None Examined
The accused was arrested on January 24, 2025, while the challan was filed on June 24, 2025. Although the prosecution had listed 19 witnesses, none had been examined when the matter came before the High Court.
The court noted that the petitioner was seeking regular bail for the second time. His earlier bail petition was withdrawn in November 2025.
The prolonged delay prompted the court to examine whether the issue was limited to the individual case or reflected a wider problem in NDPS trials.
Court Flags Repeated Absence of Police Witnesses
Justice Goel observed that official witnesses, particularly police personnel, have repeatedly failed to appear before trial courts to record evidence despite bailable and, in several cases, non-bailable warrants.
The court also pointed to delays in executing warrants. It noted that even bailable warrants sometimes remain unexecuted for extended periods, leading to repeated adjournments in NDPS trials.
The High Court described the situation as a “deeply disturbing and systemic lapse” in the prosecution mechanism.
Speedy Trial Rights Under Article 21
The court linked the issue directly to the constitutional right to a speedy trial under Article 21.
Repeated delays can affect both accused persons in custody and those out on bail. The court said that failure by official witnesses to perform their duties can undermine the criminal justice system and reduce public confidence in the courts.
It also warned that procedural delays could weaken the deterrent purpose of the NDPS Act by allowing drug offenders to remain outside prison while trials continue.
Senior Police Officers Also Responsible
The High Court said responsibility does not rest only with individual police witnesses.
According to the court, senior police officials, including district-level SSPs and SPs, have a duty to monitor the conduct of police personnel under their supervision and ensure their presence before trial courts when required.
The court questioned why senior officers had not addressed repeated failures by officials to appear and give evidence.
Accused Gets Interim Bail
While raising concerns over the prosecution delays, the High Court ordered the petitioner’s release on interim regular bail until the next date of hearing.
At the same time, it directed the Haryana DGP to remain personally present and explain why prosecution witnesses, particularly serving police officials, have failed to appear despite repeated warrants.
Wider Implications for NDPS Cases
The order highlights the need for timely witness testimony in NDPS cases. Better witness monitoring, prompt warrant execution and official accountability can reduce adjournments and help ensure drug trials are concluded without unnecessary delays.
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