HC slams summoning of Ludhiana Commissioner of Police Swapan Sharma in NDPS case, stays Jalandhar court order

PTC Web Desk: The Punjab and Haryana High Court on Wednesday strongly deprecated the practice of summoning senior police officials as defence witnesses without any substantive justification, staying an order passed by a Jalandhar trial court that had summoned the Commissioner of Police, Ludhiana, Swapan Sharma, in an NDPS case.

The matter was heard by Justice Jasjeet Singh Bedi in Court No. 52, where the High Court took a stern view of what it described as a calculated attempt to obstruct and delay the trial. The Bench openly reprimanded the petitioner’s counsel and strongly disapproved of the Jalandhar court’s decision to summon a senior police officer who had no direct role in the investigation.

Questioning the very basis of the summoning order, the Bench remarked in open court: “Why do you need the Commissioner of Police, Ludhiana to come to court? Just to give you a CCTV record?”

The court expressed serious concern over the trial court’s decision to issue bailable warrants against senior police officers, observing that such actions reflected a misuse of judicial process.

When the counsel failed to offer a satisfactory explanation, the High Court observed that upright senior officers, who were neither part of the investigation nor cited as prosecution witnesses, cannot be summoned merely to attract attention or stall proceedings, particularly in time-bound NDPS trials.

The Bench categorically held that summoning high-ranking officers in cases where they have no investigative role amounts to an abuse of process and undermines the efficiency of criminal trials.

The High Court also noted that when a formal request was made on behalf of the CP Ludhiana to permit appearance through video conferencing, the Jalandhar court ought to have considered the request instead of insisting on physical appearance, an approach the High Court implicitly disapproved.

Taking serious note of the matter, the High Court stayed the summoning order, granting immediate relief to the CP Ludhiana and sending a clear message that frivolous defence tactics aimed at delaying justice will not be tolerated.

Court flags media overreach

In a significant observation, the High Court also took note of the media overreach that followed the summoning order, where misinformed and speculative reporting attempted to tarnish the image of senior police officers. The Court observed that such propaganda-driven coverage causes an overall setback to journalistic transparency and public trust, particularly when officers are discharging statutory duties in high-stakes investigations.

Background of the NDPS case

The High Court also examined the actual facts of the NDPS case, noting that it stemmed from a successful and well-coordinated anti-drug operation, not a routine or failed investigation.

In March 2024, the Jalandhar Commissionerate Police busted an international drug smuggling cartel after a two-month-long operation. The crackdown exposed a multi-layered narcotics network operating across states and international borders, with links to the UK, USA, Australia, and Canada, using courier channels.

The operation led to the arrest of nine accused, many from outside Punjab, and the seizure of 22 kg of opium, including 17 kg directly linked to the arrested accused. One of the key arrests included Abhi Ram from Jharkhand, identified as a grower and collector, from whom 12 kg of opium was recovered.

The investigation further revealed the involvement of couriers, hawala operators, and middlemen, leading to the freezing of 30 bank accounts with transactions amounting to nearly Rs 9 crore, identified as proceeds of drug trafficking. The probe also exposed a deeper nexus involving six Customs officials, resulting in the arrest of four Customs employees from Delhi.

The High Court observed that the accused were apprehended, recoveries were effected, and the entire supply chain was dismantled, making it abundantly clear that summoning senior officers in such a case served no purpose other than delaying justice.