Gurdeep Singh v. State of Punjab and Others

Punjab & Haryana HC17 Jan 2025CWP/1115/2025

Case brief

AI extract

What is this about?

Keywords: preventive detention; PIT NDPS Act 1988; Act of 1988; Section 9 Advisory Board; detention order dated 25.11.2024; Annexure P-1; respondent No.2; relegation to Advisory Board; notice for 21.01.2025; CWP-1115-2025; Gurdeep Singh v. State of Punjab and others; Punjab & Haryana High Court; Justice Kuldeep Tiwari; disposed of; oral judgment; no merits examined.

What did the court decide?

No relief on the merits of the detention order; the writ petition was disposed of with the petitioner being relegated to the Advisory Board (which had already issued notice for 21.01.2025) for redressal of his grievance. ¶¶22

Gurdeep Singh Vs State of Punjab and Others — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Quashing of the detention order dated 25.11.2024 (Annexure P-1) issued by respondent No.2, whereby the petitioner was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('Act of 1988'). +1 more

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Ratio / Principle

The impugned detention order can be assailed before the Advisory Board, as constituted under Section 9 of the Act of 1988.

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Key takeaways

Since the Advisory Board has already issued notice to the petitioner for 21.01.2025 (as informed by the learned State counsel in receipt of advance notice), the petitioner can raise his grievance against the impugned detention order before the Advisory Board.ratio¶¶16
In view of the above, the petitioner is relegated to the Advisory Board for redressal of his grievance against the detention order.ratio¶¶20

Detailed headnote1 paragraphs

Punjab & Haryana High Court (CWP-1115-2025, decided orally on January 17, 2025 by Hon'ble Mr. Justice Kuldeep Tiwari): Gurdeep Singh petitioned for quashing of a preventive-detention order dated 25.11.2024 (Annexure P-1) passed by respondent No.2 under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('Act of 1988'). The Court held that the impugned detention order can be assailed before the Advisory Board constituted under Section 9 of the Act of 1988, noted (per information from the learned State counsel in receipt of advance notice) that the Advisory Board had already issued notice to the petitioner for 21.01.2025, and accordingly relegated the petitioner to the Advisory Board for redressal of his grievance; the writ petition was disposed of accordingly. No precedents were cited and the merits of the detention were not examined.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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115

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CWP-1115-2025 Date of Decision : January 17, 2025

GURDEEP SINGH

-PETITIONER

V/S

STATE OF PUNJAB AND OTHERS

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-RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Monty Goyal, Advocate for the petitioner.

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Mr. A.S. Sukhija, Addl. A.G., Punjab with Mr. Pardeep Bajaj, D.A.G., Punjab.

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KULDEEP TIWARI, J. (ORAL)

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The instant writ petition embodies a prayer for quashing the order dated 25.11.2024 (Annexure P-1), whereby, the respondent No.2 has ordered to detain the petitioner under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the ‘Act of 1988’).

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The impugned detention order can be assailed before the Advisory Board, as constituted under Section 9 of the Act of 1988.

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The learned State counsel, who is in receipt of advance notice, also informs this Court that, the Advisory Board has already issued notice to the petitioner for 21.01.2025. Hence, the petitioner can raise his grievance against the impugned detention order before the Advisory Board.

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DEVINDER YADAV 2025.01.18 09:27 I attest to the accuracy and authenticity of this order/judgment

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CWP-1115-2025

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