Gurpreet Singh @ Gopi vs State Of Haryana And Others
2024 Latest Caselaw 17459 P&H

Punjab-Haryana High Court

Gurpreet Singh @ Gopi vs State Of Haryana And Others on 19 September, 2024

                                    Neutral Citation No:=2024:PHHC:124469




      IN THE PUNJAB AND HARYANA HIGH COURT AT
                     CHANDIGARH


265                                                           CWP-10117-20242024
                                                    Date of Decision: 19.09.2024

GURPREET SINGH @ GOPI
                                                                     ... Petitioner

                                    VERSUS

STATE OF HARYANA AND OTHERS
                                                                  ... Respondents

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

Present:    Mr. Pankaj Bali, Advocate
            for the petitioner.

            Mr. Vivek Saini, Addl. A.G., Haryana.
                                    ****
VINOD S. BHARDWAJ, J. (ORAL)

Challenge in the present petition petition is to the order ddated ted 28.12.2023

bearing endorsement No.5/41/2023-2HC No.5/41/2023 2HC dated 01.01.2024 under Section 9(f)

read with Section 11 of the Act of 1988 as well as the detention order issued

vide endorsement No.5/41/2023-2HC No.5/41/2023 2HC dated 03.11.2023 directing the petitioner ioner

to undergo preventive detention for 11 months from the date of detention.

Learned counsel for the petitioner impugns the aforesaid order of

detention as has been affirmed by the Competent Authority by placing reliance

on the judgment/order judgment dated 02.07.2024 passed by this Court in CWP-22223 22223 of

2023 titled as 'Sadha Sadha Ram @ Bhajna Ram Versus State of Haryana and

others'

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Neutral Citation No:=2024:PHHC:124469

CWP-10117-2024

-

An attempt has been made by the learned State Counsel to justify An

that the order of preventive detention detention had been issued in view of the repeated

involvement of the petitioner in different cases under the NDPS Act, 1985. It is

submitted that as many as 04 cases were registered against him him. It is evident

that last of such cases was registered on 21.01.2022, wherein the petitioner had

been granted bail on 23.01.2023 and the order of preventive detention was

passed against the petitioner on 03.11.2023 as affirmed by the Competent

Authority on 28.12.2023. It is evident that there is a gap of more than one year

in the incident and there is no proximity with the order of preventive detention.

The same rather follows the order of bail granted in favour of the petitioner on

23.01.2023.

Having heard learned counsel for the respective parties and having

gone through h the reply filed by the State as also the judgment in the matter of

Sadha Ram (Supra) relied upon by the counsel for the petitioner, I am of the

view that the case of the petitioner is covered by the aforesaid judgment.

The present writ petition is acc accordingly ordingly allowed in terms of the

judgment/order dated 02.07.2024 passed in the matter of Sadha Ram (Supra).

(VINOD VINOD S. BHARDWAJ) SEPTEMBER 19, 19 2024 JUDGE rajender

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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