Chandigarh: The Punjab and Haryana High Court has said courts should expedite trials in cases where the quantity of narcotics involved is 10 times or more than the prescribed commercial quantity.
The observation came while a division bench dismissed the bail plea of dismissed Punjab Police sub-inspector Sarabjit Singh, who was accused of being actively involved in an organised drug trafficking syndicate allegedly led by Jagdish Singh alias Bhola and other co-accused.
A bench comprising Justice Anupinder Singh Chitkara and Justice Harmit Singh Deol directed that the trial be taken up on a “top priority” basis.
The court also observed that if a co-accused released on bail deliberately contributes to delaying the trial, cancellation of that person’s bail could be considered as one of the measures to ensure substantive justice for all parties.
The case involved a commercial quantity of prohibited substances, bringing the stringent conditions under Section 37 of the NDPS Act into play. The court noted that the petitioner was required to satisfy the twin conditions prescribed under the provision to qualify for bail.
Police officer accused of facilitating drug syndicate
According to the state’s reply cited by the bench, Sarabjit Singh was posted as a sub-inspector in the Punjab Police before being dismissed from service. He was formally arrested in the case on February 9, 2022.
The prosecution alleged that he was actively associated with the drug trafficking syndicate and had misused his position as a police officer to facilitate its activities.
The investigation allegedly found that Singh used his police uniform to ensure vehicles transporting narcotic and psychotropic substances could pass through police checkpoints and checking points without obstruction. The state alleged that this effectively provided protection to syndicate members and vehicles carrying drugs.
The court held that the allegations and material collected during the investigation did not make Singh entitled to bail merely because another co-accused had been granted relief.
It observed that the material cited in the state’s response indicated a more serious alleged role for the petitioner, making him ineligible for bail on the ground of parity with the co-accused.
Four years and six months in custody
The bench also considered Singh’s prolonged incarceration and the delay in the trial. According to a custody certificate dated August 31, he had spent four years, six months and 13 days in custody in the present FIR.
The court acknowledged that the period was substantial but said the length of custody had to be assessed in the context of the seriousness of the alleged offence, quantity of drugs recovered, the petitioner’s alleged role and his status as an absconder.
The bail plea was consequently dismissed, while the court directed that the trial be expedited.
