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High CourtsDivision Bench(2014) 07 P&H CK 0712

Court on its own motion vs States of Punjab

Punjab And Haryana At Chandigarh · Decided on 16 July 2014

HON’BLE JUDGES
Sanjay Kishan Kaul, C.J · Ajay Tewari, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 5385 of 2014 (O&M)

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Judgment

10 paragraphs · 354 words

Sanjay Kishan Kaul, C.J.—The affidavit of the Additional Secretary (Home), Chandigarh has been filed in Court annexing a letter dated 15.7.2014 of the CFSL, Chandigarh. The data given therein shows that approximately 20 cases under the NDPS Act are being received per month in the laboratory from the States under its jurisdiction and even to clear the pending cases the target is 31.12.2014. This would amount to saying that if a fresh case would come now, it would be processed in January, 2015, i.e., the hiatus period is of 4-5 months instead of the statutory period of 15 days. It is also stated that upgradation of the lab by the concerned Ministry of Union of India is in process and once the upgradation, adequate man power and machinery is available, the lab will be able to prepare the final report within the statutory period of 15 days under the NDPS Act for Chandigarh. However, this may itself not suffice because the cases received are beyond Chandigarh.

2.

On our query as to when would the needful be done, learned Senior Standing Counsel states that Union of India is in a better position to answer this query.

3.

We accordingly implead Union of India through Ministry of Home Affairs as the fourth respondent.

4.

Mr. Brijeshwar Singh Kanwar, Sr. Standing Counsel for Union of India accepts notice.

5.

The upgradation, manpower facility, etc. be so made available that the lab is able to cater to Chandigarh and other areas within its jurisdiction and ensure that the report is made available within the statutory period of 15 days.

6.

We, thus, dispose of the writ petition in terms aforesaid but list it for compliance qua the time period given to Punjab and Haryana and would expect the Union of India to also do the needful by 31.12.2014.

7.

List on 16.01.2015.

8.

The progress/compliance report be filed at least three days prior to the next date of hearing.

9.

Learned counsel for Union of India will collect the complete set of the paper-book from the Registry.

10.

Order dasti under the signatures of the Bench Secretary.