Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8926 of 2021 Petitioner :- Sardar Hardeep Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Niranjan,Syed Shahid Jafri Counsel for Respondent :- G.A.,Ashish Pandey
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Dharampal Singh, learned Senior Advocate assisted by Shri Syed Shahid Jafri, learned counsel for the petitioner, Shri Arunendra Kumar Singh, learned A.G.A. for the State- respondents and Shri Ashish Pandey, learned counsel for the respondent No. 3.
This writ petition has been filed praying for the following main reliefs:
"(i) issue appropriate order or direction commanding Shri Sachin Kumar, respondent No. 4 (who took the petitioner from District Jail, Dasna, Ghaziabad to Tihar Jail, New Delhi) and Shri Rajeev Sahrawat, respondent No. 5 (who arrested the petitioner from Amritsar, Punjab) to produce the corpus of the petitioner in court of Special Judge (N.D.P.S. Act), Ghaziabad who is having jurisdiction in the present case in Crime No. VIII/53/DZU/2020, Police Station NCB DZU, R.K. Puram, New Delhi, under Sections 8, 21 (C), 22 (C), 27-A, 27-B and 29 of N.D.P.S. Act (Narcotic Drugs and Psychotropic Substances Act, 1985).
(ii) issue appropriate orders directing the learned Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Court No. 8, Ghaziabad or any other competent court to pass and decide the petitioner's applications dated 29.5.2021 (annexure-2) and 22.6.2021 (annexure-4) and secure the presence of the petitioner in the present case pending before the District Court, Judgeship, Ghaziabad and also to decide the bail application of the petitioner pending before it in accordance with law."
Learned A.G.A. has raised preliminary objection to the first relief, as has been pressed before this Court in view of Full Bench judgement of this Court dated 8.3.2021 passed in Rachna and another Vs. State of U.P. and 4 others, Habeas Corpus Writ Petition No. 362 of 2020, and it cannot be treated that the petitioner is in illegal confinement. Said confinement is in judicial proceeding and as such, first relief is liable to be rejected.
Confronted with this situation, Shri Dharampal Singh, learned Senior Advocate assisted by Shri Syed Shahid Jafri, learned counsel for the petitioner states that he is not pressing the first relief. He confined his prayer only qua to the second relief. He submitted that on the application of the petitioner, learned Additional District and Sessions Judge/Special Judge (NDPS Act), Court No. 8, Ghaziabad by the order dated 2.5.2021 directed the Superintendent, District Jail, Ghaziabad to submit report with respect to confinement of the petitioner in the said case. Accordingly, he submits that since the passing of the order dated 2.5.2021 in pith and substance, nothing has happened and such situation has impelled the petitioner to approach this Court.
In the facts and circumstances of the case and with the consent of the parties and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off asking the competent court/authority where the matter is seized, who shall definitely redress the grievance of the petitioner taking note of the order dated 2.5.2021 already passed by learned Additional District and Sessions Judge/Special Judge (NDPS Act), Court No. 8, Ghaziabad to decide the petitioner's application dated 22.6.2021 in accordance with law, expeditiously preferably within six weeks from the date of production of a copy of this order and the said application is to be dealt with as per its own merit.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Jaswant