Punjab & Haryana HC slams "abuse of process": Stays summons of Ludhiana CP in NDPS case

Chandigarh(The Uttam Hindu): The Punjab and Haryana High Court has stayed a Jalandhar court's order summoning Ludhiana Commissioner of Police Swapan Sharma in an NDPS case, criticizing the move as an "abuse of judicial process". During the hearing, the High Court bench remarked, "What is the need to summon the Ludhiana Commissioner of Police to court? Is it just to obtain CCTV records?" The HC expressed surprise that the trial court issued bailable warrants for senior police officers, stating that officers not involved in the investigation or witness list can't be summoned to gain publicity or delay trial.

The case involves a major drug bust with 22 kg of opium seized and ₹9 crore in suspected drug money frozen. This operation led to the arrest of Abhi Ram, an opium grower from Jharkhand and the role of courier networks, hawala operators and brokers was also revealed. The investigation also uncovered serious allegations against six customs officials, including the arrest of four from Delhi. The High Court stated that the arrests of the accused, the seizures and the disruption of the entire supply chain clearly demonstrate that there is no rational basis for summoning senior police officers in such cases. In view of these facts, the High Court granted immediate relief to CP Ludhiana by staying the summons order of the Jalandhar Court and sent a clear message that the judicial process cannot be used either to harass senior officers or to undermine effective anti-drug operations.

The High Court noted that summoning senior officers without valid reason is unacceptable, especially in time-bound NDPS trials. Sharma had requested to appear via video conferencing due to law and order responsibilities, which the trial court should have considered, the HC added.