SHIV DIYAL SINGH v. UNION OF INDIA & Anr.
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Narcotic Drugs and Psychotropic Substances Act, 1985 s. 68
Key paragraphs
- Para 66. Dismissed. Pending application(s), if any, stands disposed of. May 27, 2026 Deepak DPA (JAGMOHAN BANSAL) JUDGE Whether Speaking/reasoned Yes/No Yes/No Whether Reportable
Judgment
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Akshay Chadha, Advocate for the petitioner *** JAGMOHAN BANSAL, J. (ORAL)
The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of proceedings initiated under Section 68 of NDPS Act, 1985 on account of being non est in the eye of law. He is further seeking setting aside of order dated
05.05.2026 whereby his son was granted an opportunity of hearing. He is also seeking direction to respondent No.2 to provide another opportunity of hearing to his son.
As per pleadings, the petitioner is owner of residential house situated at Village Manepur District Gurdaspur. An FIR No.143 dated
21.09.2025 was registered against Dilbagh Singh. The police authorities passed order dated 02.05.2026 whereby his house was freezed. The adjudicating authority-respondent No.2 issued notice dated 05.05.2026 whereby hearing was fixed on 11.05.2026. The petitioner received aforesaid communication on 11.05.2026, thus, it was impossible to appear. CWP-17460-2026 -2-
Learned counsel for petitioner submits that respondent- competent authority has not granted him opportunity of hearing. Letter dated 05.05.2026 whereby matter was fixed for hearing on 11.05.2026 was received on the same day, thus, it was not possible to appear and address the arguments.
From the perusal of record, it is evident that Annexure P-1 is not an order whereas it is a notice of hearing. The notice was issued to Dilbagh Singh who is son of the petitioner. There is nothing on record disclosing as to whether petitioner or his son has requested the competent authority to grant another opportunity of hearing or time to file reply. If as on day order has not been passed, the petitioner may submit his reply to respondent. In the absence of any such document, there is no occasion to entertain present petition.
Dismissed. Pending application(s), if any, stands disposed of. May 27, 2026 Deepak DPA (JAGMOHAN BANSAL) JUDGE Whether Speaking/reasoned Yes/No Yes/No Whether Reportable
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 68.
Which court decided this case, and when?
Punjab & Haryana High Court, on 27 May 2026. The bench was JAGMOHAN BANSAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.