Can’t compromise liberty of accused due to prosecution witnesses’ attitude, rules HC

The Punjab and Haryana High Court has ruled that the liberty of an accused cannot be compromised due to the lackadaisical attitude of the prosecution witnesses. The assertion came as the HC granted bail to an accused in custody for almost two years in a case revolving around the seizure of 400 kg poppy husk from a truck in which the petitioner worked as a conductor.

Taking up the matter, Justice Manjari Nehru Kaul observed that it undoubtedly was a case of chance recovery. But the liberty of the accused could be compromised due to lackadaisical attitude of the prosecution witnesses, who, for reasons best known to them, had not been regularly appearing to get their statements recorded.

The matter was placed before Justice Kaul after the accused filed third petition for regular bail in a case registered on August 19, 2022, under the provisions of the Narcotics Drugs and Psychotropic Substances (NDPS) Act at the Bajakhana police station in Faridkot district.

The Bench was told that the challan was presented in the matter in December 2022 and the charges were framed in January next year. But the trial remained inconclusive as repeated adjournments were sought by the prosecution following non-appearance of its witnesses. “Out of 19 witnesses cited by the prosecution, only two had been fully examined, whereas two others had been partially examined,” the Bench was told.

After hearing the rival contentions and going through the case record, Justice Kaul took note of the fact that the co-accused in the matter (truck driver) had already been extended the concession of bail by the high court for the non-appearance of prosecution witnesses. The Bench added the state counsel during the course of hearing did not dispute that the petitioner had been in custody since August 19, 2022. The trial, as such, was unlikely to conclude in near future.

“In the facts and circumstances, this court deems it appropriate to allow the instant petition by dispensing with the conditions of Section 37 of the NDPS Act,” Justice Kaul added.

Section 37 makes it clear that the severity or strictness in granting bail is applicable to offences involving commercial quantity. It indicates that no person accused of an offence punishable under this law “shall be released on bail or on his own bond unless the public prosecutor has been given an opportunity to oppose the application for such release and where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail”.