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High Court of Punjab and HaryanaLPA/1388/2024disposed of

Suniana v. State Of Haryana And Others

2024-11-29Mr. Justice Gurmeet Singh Sandhawalia,Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH LPA No.1388 of 2024 Date of Decision: 29.11.2024 Sunaina .....Appellant.

Versus

State of Haryana and others .....Respondents.

CORAM:

HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- None for the appellant.

Mr. Saurabh Mago, DAG, Haryana.

G.S. SANDHAWALIA, J.(Oral) Challenge in the present appeal is to the order dated 30.04.2024 passed in CRWP No.12490 of 2023 titled as Sunaina Versus State of Haryana and others, whereby the learned Single Judge dismissed the said criminal writ petition, while upholding the detention order (Annexure P-1) for a period of 11 months of detenue Smt. Balwinder Kaur @ Bindu.

2.

Vide order dated 17.07.2024, we had stayed the detention order (Annexure P-1) keeping in view the fact that the detenue is stated to be a weak and old lady. The detenue was ordered to be released from the custody forthwith subject to furnishing of requisite undertaking that she YAG DUTT 2024.12.09 10:41 I attest to the accuracy and authenticity of this order/judgment

LPA No.1388 of 2024 -2would not indulge in any case under the NDPS Act and in case, she is found involved in any similar case, the State was free to file an appropriate application for vacation of the stay order so that she can undergo the balance period of detention.

3.

We have been informed that the detenue has been released by the jail authority on 30.07.2024 and therefore, are of the view that the present appeal has been rendered infructuous. 4.

Keeping in view the above facts and circumstances, we dispose of the present appeal as infructuous, with liberty to the respondentState that in case the detenue is found involved in any other case under the NDPS Act, the State shall be at liberty to move an appropriate application for seeking cancellation of her release and she will be liable to undergo the remaining period of detention.

(G.S. SANDHAWALIA) JUDGE (MEENAKSHI I. MEHTA) November 29, 2024 JUDGE Yag Dutt Whether speaking/reasoned: Yes Whether Reportable:

No YAG DUTT 2024.12.09 10:41 I attest to the accuracy and authenticity of this order/judgment