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2025 DAILYLAW 52899 (PNJ)

DARSHAN SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CWP/12543/2025 · 2025-05-05

Sumeet Goel

Writ Petition (Civil)body2025

Judgment text

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1 CWP-12543-2025 (O&M) 121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12543-2025 (O&M) Date of Decision: 05.05.2025 Darshan Singh and another .. Petitioners Vs. State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Imran Farooqi, Advocate for the petitioners. Mr. Sartaj Singh Gill, Sr. DAG, Punjab. ... SHEEL NAGU, CHIEF JUSTICE, (ORAL) 1. The present petition has been filed raising the apprehension that being accused in a trial under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, coercive steps may be taken by the State and its functionaries, including that of demolishing immovable property belonging to the petitioners. 2. For this purpose, the petitioners have relied upon recent judgment rendered by Apex Court on 13.11.2024 in a group of writ petitions lead case being Writ Petition (Civil) No. 295 of 2022. 3. After seeking instructions, Mr. Sartaj Singh Gill, learned Senior Deputy Advocate General, Punjab, assures that the apprehension raised by the petitioners is unfounded since the State and its functionaries shall follow due process of law, as prescribed in Chapter 5-A of the NDPS Act, before any coercive action is taken by the State or its functionaries. JATIN 2025.05.05 17:21 I attest to the accuracy and integrity of this document CWP-12543-2025 (O&M) 4. In view of the aforesaid assurance given by learned State counsel, this Court does not deem it appropriate to proceed with this matter and disposes of the petition with the hope and expectation that due process of law shall be followed by the State and its functionaries before taking any coercive steps under Chapter 5-A of NDPS Act, against the petitioners. 5. The petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE 05.05.2025 (SUMEET GOEL) Jasmine Kaur JUDGE Whether speaking/reasoned Yes No Whether reportable Yes No JATIN 2025.05.05 17:21 I attest to the accuracy and integrity of this document