Tajbeer Singh v. Union Of India And Others

CWP-24534-2023 -12023:PHHC:141207

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-24534-2023 Date of Decision : 06.11.2023 TAJBEER SINGH ......... PETITIONER V/S UNION OF INDIA AND OTHERS ......... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Sanjeev Kumar Rajoria, Advocate for Mr. J. S.Dadwal, Advocate for the petitioner.

Ms. Gurneet Sagoo, Advocate for respondents No.1 and 2.

Mr. Inderpreet Singh Kang, AAG, Punjab.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking directions to the respondents to re-issue him passport.

2.

The petitioner was issued passport on 27.06.2011 which expired on 26.06.2021. An FIR No.70 dated 09.06.2014, under Section 22 of NDPS Act, came to be registered against the petitioner. The petitioner was convicted and awarded sentence of 10 years vide judgment dated 12.04.2018. The petitioner has preferred an appeal before this Court. The sentence of the petitioner was suspended vide order dated 03.10.2018. 3.

Learned counsel for the petitioner inter alia contends that a period of 05 years has passed away from the date of conviction, thus, petitioner in terms of Section 6(2) is entitled to passport. The case of the ANJU GOEL 2023.11.06 18:27 I attest to the accuracy and integrity of this document

CWP-24534-2023 -22023:PHHC:141207 petitioner is squarely covered by the judgment of this Court in Mohan Lal @ Mohna vs. Union of India and others, 2023 SCC Online (P&H) 1391. 4.

Learned State counsel, who on advance notice is present in Court, on instructions from ASI Rajwinder Singh fairly confirms the aforestated factual position with respect to above-noted judgment. He further submits that the petitioner was involved in another FIR, however, the said FIR has been quashed.

5.

Learned counsel for the respondents-UOI submits that the competent authority would pass an appropriate order within 06 weeks, considering judgment of this Court in Mohan Lal @ Mohna's case (supra).

6.

In the wake of statement of learned counsels for the parties, the petition stands disposed of.

( JAGMOHAN BANSAL ) 06.11.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.11.06 18:27 I attest to the accuracy and integrity of this document