Shri Gyani Ram vs State Of Haryana And Others
2024 Latest Caselaw 10943 P&H

Punjab-Haryana High Court

Shri Gyani Ram vs State Of Haryana And Others on 5 July, 2024

                                       Neutral Citation No:=2024:PHHC:083490




             IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH
236

                                                           CWP-10011-2024
                                                 Date of decision: 05.07.2024

SHRI GYANI RAM                                                     ......Petitioner

                                 VERSUS

STATE OF HARYANA AND OTHERS                                      .......Respondents



CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

                                 *****

Present: -    Mr. Vicky Sharma, Advocate
              for the petitioner.

              Mr. Pankaj Mulwani, DAG, Haryana.

                 *****
VINOD S. BHARDWAJ, J. (Oral)

The present writ petition has been filed for seeking quashing of

impugned order dated 15.12.2023 (Annexure P-1) vide which the respondent

No.2 ordered to detain the petitioner under provisions of Prevention of Illicit

traffic in NDPS Act, 1988 and a further prayer to direct the respondents to

release the petitioner immediately from their custody.

Reply by way of affidavit of Ashok Kumar, Superintendent Jail,

District Jail, Kaithal on behalf of respondents No.1, 2 and 5 as well as Short

reply by way of an affidavit of Kuldeep Singh HPS, Deputy Superintendent of

Police, Guhla on behalf of respondents No. 3 and 4 have been filed in the Court

1 of 2

Neutral Citation No:=2024:PHHC:083490

today which are taken on record. A copy of the same has been handed over to

the Counsel appearing on behalf of the petitioner.

Learned Counsel appearing on behalf of the petitioner points out

that the controversy in the present case is covered by the ratio of the judgment

titled as "Sadha Ram @ Bhajna Ram versus State of Haryana and others"

passed in CWP-22223-2023 dated 02.07.2024.

Taking into consideration the averments contained in the present

writ petition as also ratio of the said judgment, it is evident that the last of the

instances for which the petitioner had been charged relates to 08.02.2022. The

process for preventive detention had been initiated on 30.10.2023 i.e. after a

lapse of more than 01 year and 08 months. Hence, the bar of preventive

detention has been invoked for stale course. The present writ petition deserves

to be allowed in view of the judgment dated 02.07.2024 passed in CWP-22223-

2023 titled as "Sadha Ram @ Bhajna Ram versus State of Haryana and

others".

In view of the above, the present writ petition is allowed in terms

of Sadha Ram @ Bhajna Ram (Supra) and impugned order dated 15.12.2023

stands set aside.

                                                  (VINOD S. BHARDWAJ)
JULY 05, 2024                                           JUDGE
Vishal Sharma


                      Whether speaking/reasoned         :      Yes/No
                      Whether Reportable                :      Yes/No



                                         2 of 2