Punjab-Haryana High Court
Gaurav Alias Gorav vs State Of Punjab And Others on 30 November, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.110
Case No. : CRM-M-51189-2022
Date of Decision : November 30, 2022
Gaurav alias Gorav .... Petitioner
vs.
State of Punjab and others .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Vineet Kumar Jakhar, Advocate
for the petitioner.
* * *
GURBIR SINGH, J. :
This is a petition under Section 482 Cr.P.C. to issue appropriate
directions to the respondents for permitting the petitioner to undergo
practical training for the Diploma Pharmacy Courses in Civil Hospital,
Jhajjar or Pharmacy situated at District Jail, Jhajjar or in the alternate, to
direct the respondents to allow the petitioner to undergo training program at
the Pharmacy situated at the Central Jail, Bathinda, where the petitioner is
presently confined.
Learned counsel for the petitioner has submitted that the
petitioner is a student of Diploma Course of Pharmacy from BDM College
of Pharmacy, Jhajjar. The petitioner is facing trial in case FIR No.296 dated
12.12.2021, under Section 22 of the NDPS Act, 1985, registered at Police
Station Lehra, District Sangrur. Presently, the petitioner is lodged in
Central Jail, Bathinda.
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CRM-M-51189-2022 : 2 :
Learned counsel further apprised this Court that vide order
dated 07.07.2022, passed by a Co-ordinate Bench of this Court in CRM-M-
28870-2022, which was preferred by the petitioner for permission to appear
in exams for 2nd Year of Pharmacy Diploma Course, the petitioner appeared
for the 2nd Year exams from 09.07.2022 to 21.07.2022.
On 25.07.2022, a letter was issued by the Principal, BDM
College of Pharmacy, Jhajjar for 'Practical Training' of the petitioner to the
Civil Surgeon, Jhajjar stating that the petitioner is a student of D.Pharmacy/
Year 2020-22 in the said College and wants to do Practical Training in their
hospital (Annexure P-5).
Learned counsel for the petitioner submits that non-
participation of the petitioner in the aforesaid Training Program will cause
irreparable loss to him as without the aforesaid training, he would not be
issued Diploma in Pharmacy. He has relied upon two judgments of Hon'ble
Supreme Court passed in Mohammad Giasuddin vs. State of Andhra
Pradesh reported as 1977 AIR 1926 and in the case of Bandhua Mukti
Morcha vs. Union of India and others reported as (1984) 2 SCR 67.
Heard.
The petitioner is lodged in Central Jail, Bathinda as he is facing
trial in case FIR No.296 dated 12.12.2021, under Section 22 of the NDPS
Act, 1985, registered at Police Station Lehra, District Sangrur. At the time
of his arrest, he was doing Diploma Course of Pharmacy from BDM College
of Pharmacy, Jhajjar. As per order dated 07.07.2022, passed in CRM-M-
28870-2022, the petitioner was allowed to appear for the 2nd Year exams.
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CRM-M-51189-2022 : 3 :
As per the letter dated 25.07.2022, issued by the Principal, BDM College of
Pharmacy, Jhajjar to the Civil Surgeon, Jhajjar, the petitioner wants to
undergo Practical Training. Since the petitioner is facing trial and is in
custody, as per orders passed by the learned Judge, Special Court/NDPS
Court, Sangrur/Additional Sessions Judge, Sangrur, the proper course for
the petitioner is to move application to the said Court. The judicial
propriety demands that hierarchy of the judicial system must be maintained.
Since the Court of learned Special Judge/Additional Sessions Judge,
Sangrur is competent to pass any order regarding the undertrial, in my
considered opinion, the instant petition deserves dismissal with liberty to
the petitioner to move an appropriate application before the Court below,
which shall pass the order, in accordance with law.
Dismissed.
November 30, 2022 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
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