Lhingneichong Haokip vs The Union Of India And 2 Ors
2024 Latest Caselaw 3866 Gua

Gauhati High Court

Lhingneichong Haokip vs The Union Of India And 2 Ors on 3 June, 2024

Author: M.R. Pathak

Bench: Manash Ranjan Pathak

                                                                    Page No.# 1/3

GAHC010089302024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : W.P.(Crl.)/12/2024

            LHINGNEICHONG HAOKIP
            W/O SHRI SEIKHONGAM HAOKIP,
            RESIDENT OF VILL- M SONGPI, SAITU, GAMPHAZOL SUB-DIVISION, DIST.
            SENAPATI, MANIPUR, PIN-795107



            VERSUS

            THE UNION OF INDIA AND 2 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF FINANCE, DEPARTMENT OF REVENUE (PITNDPS UNIT),
            ROOM NO. 202, 2ND FLOOR, JEEVAN TARA BUILDING, PARLIAMENT
            STREET, NEW DELHI-110001

            2:THE INTELLIGENCE OFFICER

             NARCOTICS CONTROL BUREAU
             GUWAHATI ZONAL UNIT

            GUWAHATI-781006.

            3:THE SUPERINTENDENT
             CENTRAL JAIL
             GUWAHATI
             SARUSAJAI
             LOKHRA
             P.O. SAUKUCHI
             PIN-781040

            DIST. KAMRUP (METRO)
            ASSA

Advocate for the Petitioner   : M K BORAH
                                                                                      Page No.# 2/3


Advocate for the Respondent : DY.S.G.I.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

03/06/2024 (M.R. Pathak, J)

Heard Mr. M K Borah, learned counsel for the petitioner and Mr. K K Parasar, learned Central Government counsel for the respondent No. 1. Also heard Ms. M Deka, learned Standing counsel, NCB for the respondent No. 2 and Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 3.

In pursuance of the order dated 21.05.2024, both the respondent Nos. 1 and 3 have filed their respective affidavits in the matter, serving copies of the same on the counsel for the petitioner.

In support of the case of the petitioner, Mr. Borah, learned counsel placed reliance on the judgment of the Hon'ble Supreme Court in the case of Vijay Kumar Vs. State of Jammu and Kashmir and Others reported in 1982 (2) SCC 43 as well as Full Bench judgment of this Court (Hon'ble five Judges' Bench) in the case of Konsam Brojen Singh @ Basan @ Sekhar @ Suraj @ Sainthel @ Basanta @ Inaotomba Vs. State of Manipur reported in 2006 (1) GLT 375.

Mr. Parasar, learned CGC submitted that the prevention of elicit traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 came into force w.e.f. 04.07.1988, whereas the decision of the Hon'ble Supreme Court in the case of Vijay Kumar (Supra) was decided on 17.03.1982.

Mr. Parasar, learned CGC prays for a short time to go through the judgment of the Hon'ble Apex Court in the case of Vijay Kumar (Supra).

Prayer is allowed.

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List this matter on 05.06.2024.

JUDGE JUDGE

Comparing Assistant