No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary

The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985 Act).

 Justice Pankaj Jain observed,

"Inertness of the prosecution and helplessness of the Court remain unexplained. Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record."

It further added that that attachment will remain in force till the official witnesses appear and depose before the Trial Court.

These observations came in response to the bail plea moved by Rajinder Singh who was booked under Sections 15, 61, 85 of NDPS Act.

It was alleged that a secret information was received that Singh along with other co-accused is habitual of selling poppy husk, who are carrying the huge quantity of contraband in the truck. Following the information accused was allegedly caught with the poppy.

The counsel representing Singh submitted that he is in custody since 2021 and charges were framed on 2nd December, 2021. However till date only 1 out of 15 cited witnesses has been examined and one witness has been given up, he added.

Considering the submissions, the Court said the incarceration suffered by the petitioner is not disputed and it is also admitted that he has no criminal antecedents.The bench also perused the trial Court records wherein the official witnesses were summoned several times but did not appear to depose before it.

In the light of the above, the Court opined that, "keeping in view incarceration suffered by the petitioner and the fact that only 1 out of 15 cited witnesses has been examined till date, present petition is allowed."

 Case Title: Rajinder Singh @ Baz v. State of Punjab

Citation: 2023 LiveLaw (PH) 156

Appearance: Monty Goyal, Advocate for the petitioner; Amit Shukla, AAG, Punjab.