The Punjab & Haryana High Court recently granted bail to an accused in an NDPS case, strongly criticizing the prosecution for delaying the trial due to the repeated absence of witnesses. The Court termed such indefinite detention as an "abuse of process."
The case involved the recovery of 1.540 kg of Tramadol, a commercial quantity under the NDPS Act. The accused, Kuldeep Singh, had been in custody for over two years since March 2023. Despite charges being framed early on, only 3 out of 16 prosecution witnesses had been examined. The remaining witnesses, all police officials, failed to appear despite summons and warrants issued over 27 hearings.
"Detaining an accused indefinitely due to the sheer nonchalance of the prosecution amounts to an abuse of process," observed Justice Manjari Nehru Kaul.
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The Court emphasized that while drug trafficking poses a serious threat to society, the gravity of the offense cannot justify violating constitutional rights. The repeated absence of prosecution witnesses, despite court orders, reflected a blatant disregard for judicial authority.
"The menace of drug trafficking is indeed a grave threat, steadily corroding the social fabric. But the seriousness of the offence cannot become a licence to trample upon constitutional safeguards," the Court stated.
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The petitioner’s counsel argued that the trial had stalled due to the prosecution’s negligence, leaving the accused in prolonged detention without progress. The State counsel could not provide a valid explanation for the witnesses' absence, offering only vague assurances.
The Court highlighted that the right to a speedy trial under Article 21 of the Constitution applies to all cases, including those under stringent laws like the NDPS Act.
"The delay in trial, entirely attributable to the prosecution, cannot become the basis for further incarceration," the Court ruled while granting bail.
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Additionally, the Court directed the Director General of Police, Punjab, to take action against the dereliction of duty by prosecution witnesses and ensure their presence in future trials.
Lawyers Involved:
- Mr. Sandeep Arora, Advocate for the petitioner.
- Mr. Shiva Khurmi, AAG, Punjab, assisted by ASI Jaswinderpal.
Case Title: Kuldeep Singh vs. State of Punjab