Citation : 2025 Latest Caselaw 1070 P&H
Judgement Date : 18 January, 2025
Neutral Citation No:=2025:PHHC:007029
CWP-1264--2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(107) CWP-1264-2025
Date of Decision : 18.01.2025
Jaspal Singh @ Goldy ...Petitioner
Versus
Union of India and others ...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Jashandeep Singh Sandhu, Advocate
for the petitioner.
Mr. Saurabh Goel, Advocate, Sr. Standing Counsel
for Union of India-NCB.
****
KULDEEP TIWARI,
TIWARI J.(ORAL)
1. Through the instant petition, cast under Articles 226/227 of the
Constitution of India, a prayer is made for issuance of a writ in the nature of
certiorari, seeking quashing of the entire proceedings initiated aga against inst the
petitioner under the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act (for for short PITNDPS), 1988, including the
detention order dated 01.08.2024 (Annexure P P-3),, and the grounds of
detention (Annexure P-2).
P
2. The instant petition is a misconceived motion, inasmuch as,
despite the petitioner being seized of an alternate and efficacious statutory
remedy for redressal of his grievance, and without approaching the competent
authorities concerned, i.e. the Advisory Board, which is the statutory
authority, has sidetracked the said remedy, remedy and has straightway accessed this
Court, through instituting the instant writ petition.
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Neutral Citation No:=2025:PHHC:007029
3. In such circumstances, this Court refrains from exercising its
power,, as envisaged under unde Article 226/227 of the Constitution of India.
Accordingly the instant writ petition is dismissed Accordingly, dismissed.
4. However, owever, liberty is reserved to the petitioner to approach the
Advisory Board concerned, for the relief, as sought in the instant writ petition.
5. In case, the petitioner approach the competent authority
concerned, the latter shall decide the lis,, within a period of 30 days days, from the
date of receipt of certified copy of this order/judgment, in accordance with
law.
(KULDEEP TIWARI) JUDGE
January 18, 2025 Manpreet
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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