Disposed¶¶21

Rani and Another v. State of Punjab and Others

NDPS Act, 1985 – Chapter 5-A

Punjab & Haryana HC5 May 2025CWP/12544/2025

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CWP-12544-2025 (O&M); Rani and another v. State of Punjab and others; Punjab and Haryana High Court at Chandigarh; decided 05.05.2025; Coram: Sheel Nagu, Chief Justice (author) and Sumeet Goel, J.; NDPS Act, 1985; Chapter 5-A; apprehension of coercive steps including demolition of immovable property of NDPS accused; petitioners relied on Apex Court judgment dated 13.11.2024, lead case W.P.(C) No. 295 of 2022; State assurance to follow due process; petition disposed of.

What did the court decide?

Petition disposed of on the State counsel's assurance that due process of law as prescribed in Chapter 5-A of the NDPS Act shall be followed before any coercive action against the petitioners; no other relief granted. ¶¶21

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

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CWP-12544-2025 (O&M)

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122

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-12544-2025 (O&M) Date of Decision: 05.05.2025

Rani and another

.. Petitioners

Vs.

State of Punjab and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SUMEET GOEL

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Present: Mr. Imran Farooqi, Advocate for the petitioners.

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Mr. Sartaj Singh Gill, Sr. DAG, Punjab.

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SHEEL NAGU, CHIEF JUSTICE, (ORAL)

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The present petition has been filed raising the apprehension that being accused in a trial under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, coercive steps may be taken by the State and its functionaries, including that of demolishing immovable property belonging to the petitioners.

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For this purpose, the petitioners have relied upon recent judgment rendered by Apex Court on 13.11.2024 in a group of writ petitions lead case being Writ Petition (Civil) No. 295 of 2022.

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After seeking instructions, Mr. Sartaj Singh Gill, learned Senior Deputy Advocate General, Punjab, assures that the apprehension raised by the petitioners is unfounded since the State and its functionaries shall follow due process of law, as prescribed in Chapter 5-A of the NDPS Act, before any coercive action is taken by the State or its functionaries.

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Jasmine Kaur 2025.05.05 16:39 I attest to the accuracy and authenticity of this document

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CWP-12544-2025 (O&M)

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In view of the aforesaid assurance given by learned State counsel, this Court does not deem it appropriate to proceed with this matter and disposes of the petition with the hope and expectation that due process of law shall be followed by the State and its functionaries before taking any coercive steps under Chapter 5-A of NDPS Act, against the petitioners.

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The petition stands disposed of.

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(SHEEL NAGU) CHIEF JUSTICE

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05.05.2025 Jasmine Kaur		(SU	MEET GOEL) JUDGE
	Whether speaking/reasoned Whether reportable	Yes Yes	No No

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Jasmine Kaur 2025.05.05 16:39 I attest to the accuracy and authenticity of this document

Rani and Another v. State of Punjab and Others

Case brief

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Rani and Another v. State of Punjab and Others

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