CHANDIGARH, July 9 — The Punjab and Haryana High Court has summoned the Superintendent of Police, Fatehabad, to appear in person along with an explanatory affidavit on July 14, after police officials repeatedly failed to testify in a drugs case despite being served with bailable warrants — delaying the trial while the accused remains in custody.
The direction came from Justice Sumeet Goel, who expressed concern over the prolonged delay in the trial and termed the conduct of the prosecution witnesses — all serving police officials — as “inexplicable.” The court was hearing a petition related to the ongoing trial when it referred to earlier trial court orders dated April 3, 2024, and May 17, 2025, which had recorded the continued non-appearance of the officials.
“What is most concerning is that the bailable warrants could not be served — even though the individuals concerned are serving officers of the law,” Justice Goel observed. “The trial is being unnecessarily delayed while the petitioner-accused continues to languish in jail.”
The court noted that the prosecution’s failure to produce its own witnesses — particularly those who were instrumental in initiating the case — was obstructing justice. The trial court had reportedly issued repeated summons and bailable warrants against the officials, yet they failed to appear for recording of their testimonies.
This is not the first time the High Court has taken a stern view of such lapses. Referring to similar patterns in several cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Justice Goel emphasized that trial delays caused by prosecution witnesses — especially investigating officers — are a recurring issue.
“The right to a speedy trial is enshrined in Article 21 of the Constitution. This right cannot be undermined by the prosecution’s failure to perform its duty, especially when the accused is confined for years without a timely resolution of the trial,” the court noted.
The High Court has asked the Fatehabad SP to explain the systemic failure leading to the non-appearance of official witnesses and ensure corrective steps are taken. The matter will be taken up again on July 14.
