Tribune News Service
Saurabh Malik
Chandigarh, July 7
In a significant order, the Punjab and Haryana High Court has taken cognisance of the failure of the prosecution witnesses, primarily officials, to appear before the trial courts in a large number of cases before directing the Bathinda SSP to look into the matter.
He has also been asked to apprise the Director-General of Police regarding “the state of affairs”. Directions were also issued to take appropriate action in accordance with the law, if required. The direction by Justice Jasgurpreet Singh Puri of the high court came in a matter where the prosecution witnesses did not depose in a drugs case for more than three years resulting in 23 adjournments.
The matter was brought to the high court’s notice after a second petition was filed by an accused for grant of regular bail in an FIR registered in October 2019 under the provisions of the Narcotics Drugs and Psychotropic Substances Act at Kotwali police station, Bathinda.
Justice Puri’s Bench was told that the petitioner was in custody for more than three years and had clean antecedents.
After hearing the counsel for the parties, Justice Puri asserted the petitioner’s total incarceration was about three years and nine months. The charges were framed about three years and three months ago. However, only two prosecution witnesses had been examined.
Justice Puri asserted the Supreme Court, in a recent judgment in the case of “Mohd [email protected] Hussain versus State (NCT of Delhi)’, had reiterated that delayed trial and long custody could be considered for grant of bail.
“Considering the totality of the facts and circumstances of the case wherein the petitioner has already faced incarceration for about three years and nine months and is not involved in any other case, the bar contained under Section 37 of the NDPS Act will not apply to the present case. In the light of Article 21 of the Constitution, this court is of the view the petitioner deserves concession of regular bail. The petitioner shall be released on bail,” Justice Puri asserted.
