Court Criticizes Non-appearance of Police Witnesses and Upholds Right to Speedy Trial Under Article 21
In a significant ruling, the Punjab and Haryana High Court has granted interim regular bail to Naseeb Singh, an accused in a narcotic drugs case, citing prolonged trial delays due to non-appearance of prosecution witnesses, primarily police officials. The decision, delivered by Justice Sumeet Goel, underscores the fundamental right to a speedy trial under Article 21 of the Indian Constitution.
Naseeb Singh, who has been in custody since March 2025, was charged with the possession of a commercial quantity of heroin under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Despite the seriousness of the allegations, the court recognized that none of the 16 prosecution witnesses had been examined over a year and a half into the trial. This was primarily due to police officials' repeated non-compliance with court-issued non-bailable warrants for their testimony, causing significant delays.
The court's decision reflects a growing concern over systemic inefficiencies in the justice delivery system. It highlights how the absence of key witnesses, particularly those who are police officers, hampers the judicial process, leading to undue incarceration of the accused. Justice Goel emphasized that the right to a speedy trial is an integral aspect of the right to life and liberty, and prolonged detention without trial violates this constitutional guarantee.
In his judgment, Justice Goel invoked the court's inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to address the systemic lapses and ensure justice is not denied due to prosecutorial inefficiency. The court directed the Director General of Police (Law and Order), Punjab, to appear in court to explain the repeated failure of police witnesses to attend court proceedings.
The judgment also laid down stringent conditions for Naseeb Singh's interim bail, including restrictions on tampering with evidence, committing further offenses, and requirements to report monthly to the trial court. The court cautioned that any breach of these conditions could lead to bail cancellation.
This case brings to light the pressing need for reforms in the prosecutorial process, especially in NDPS cases where delays can undermine the justice system's integrity. The court's ruling serves as a reminder of the judiciary's role in upholding fundamental rights and ensuring that justice is not only done but seen to be done.
Bottom Line :
Prolonged delay in trial due to non-appearance of prosecution witnesses, particularly police officials, violates the fundamental right to a speedy trial under Article 21 of the Constitution. Interim regular bail granted to the accused, with conditions, in light of the delay.
Statutory provision(s): Article 21 of the Constitution of India, NDPS Act Section 37, Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483 and 528.
Naseeb Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2967191
