The Punjab And Haryana High Court in the case Rajinder Singh @ Baz v. State of Punjab observed and has directed to attach the salary of police officials who failed depose before the Court despite of the issuance of several summons in a 2021 case under Narcotic Drugs and Psychotropic Substances Act, NDPS Act, 1985.
The bench headed by Justice Pankaj in the case observed that the inertness of the prosecution and the helplessness of the Court remain unexplained and the Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record.
Further, the court stated that the attachment will remain in force till the official witnesses appear and depose before the Trial Court.
The court observed that the said responses came to the bail petition moved by Rajinder Singh who was being booked under Section 15, Section 61, Section 85 of NDPS Act.
It was also alleged before the court that the 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.
The counsel appearing for Sumit submitted before the court that he being in the custody since 2021 and charges were framed on December 02, 2021.
However, it has also been added by him that till the date only 1 out of 15 cited witnesses has been examined and one witness has been given up.
The court while considering the submissions stated that the incarceration suffered by the petitioner is not disputed and it has also been admitted by the said court that he has no criminal antecedents.
The bench in the case observed and has perused the trial Court records wherein the official witnesses were summoned several times but did not appear to depose before it.
The court while considering the facts and circumstances of the case stated that the petitioner and the fact that only 1 out of 15 cited witnesses has been examined till date. Accordingly, the court allowed the plea.
