The Punjab and Haryana High Court has raised questions about the non-appearance of police officers as witnesses in NDPS (Narcotic Drugs and Psychotropic Substances) cases, stating that it appears to be an unholy nexus between the accused and the police officers. The High Court commented that the drug menace is consuming society like a termite, and it is now incumbent upon the government to wake up and streamline the police.
The High Court has also directed the Chief Secretary of Punjab to take note of the order.
This comes in the context of bail applications in drug trafficking cases where, despite 11 hearings, not a single government witness appeared. Subsequently, the court had to issue a non-bailable warrant against a government witness.
Expressing concerns, the High Court mentioned that the number of such cases is increasing where the trials are delayed due to the non-appearance of government witnesses, eventually resulting in drug traffickers being granted bail.
In such cases, when police officers do not testify as witnesses, the High Court observed that they quickly appear before the trial court on the next date when the Additional Sessions Judge issues summons to the SSP (Senior Superintendent of Police). The Court questioned why officers hesitated to appear before the court.
The Court suggested that it appears as if drug traffickers secure bail on the basis of long detention, and therefore, police officers are reluctant to appear as witnesses.
This situation suggests an unholy nexus between the two. It seems that officers who do not appear as witnesses have the blessings of their superiors. The High Court emphasized that it is now essential for the government to wake up and streamline the police system in light of these concerns.
