More than 16,000 trials of drug-related cases are pending despite the charges having been framed more than two years ago, as per the data compiled by the Punjab Bureau of Investigation after obtaining information from field units following directions by the Punjab and Haryana High Court.
According to the data compilation, there are 16,149 criminal cases under the NDPS Act, 1985, where the courts have not yet formed charges as of October 17, 2021. The cases are still being tried, though.
The highest number of cases on the list are 1,596 from Amritsar (Rural), followed by 1,254 from Jalandhar (Rural) and 1,082 from Moga. The data was gathered approximately one month after Justice Manjari Nehru Kaul ordered the Secretary of the Department of Home Affairs, DGP, and Muktsar SSP to come before the Bench after taking notice of the official witnesses’ non-appearance in instances pertaining to the requirements of the NDPS Act.
The Bench was scheduled to hear the matter on October 31, but it was postponed until November 16.
Justice Kaul, on the previous date of hearing, had called for data regarding “cases pending under the NDPS Act in various courts of Punjab, wherein even after framing of charges, the prosecution evidence has not concluded for the last two years or more”.
Following the order of the high court, the Director General of Public Prosecutions (DGP) issued a standing order in which detailed rules were laid down for the timely appearance of the official witnesses in the trial court so that their deposition/evidence could be recorded at the earliest opportunity. These rules include a ceiling on the number of time-outs; the area in which the DSP has been entrusted to ensure the presence of the witnesses; and an accountability mechanism. The state is represented in the matter by Advocate General Gurminder Singh.
According to the order, no police officer will ask the trial court to postpone the hearing more than once. A person who fails to appear in court on two separate occasions will be subject to an investigation, which may result in suspension and/or registering an FIR. In the event of registration of an FIR, the investigation would be conducted by a specific department of the Punjab police.