It Does Not Seem To Be Intention Of Municipal Corporation: Punjab & Haryana HC Directs Proper Removal Of Cannabis Plants In And Around Chandigarh In One Week
The Punjab and Haryana High Court gave one week time to authorities to remove the cannabis plants in and around Chandigarh in a responsible manner so that no such wild growth of cannabis plants ever grows again.
The order came after the Court noted that authorities failed to remove the plants properly.
The bench of Justice Sanjeev Prakash Sharma and Justice Sandeep Moudgil while restraining itself from passing any harsh orders observed, “such an issue should be addressed with all seriousness and a special team of staff including the labour must be deployed to ensure that no such wild growth of cannabis plants ever grows again but it does not seem to be the intention of Municipal Corporation…..However, in the interest of justice, one more opportunity is granted to the respondents to do the needful within one week from today.”
The Court was hearing a matter related to the widespread and intermittent growth of wild cannabis plants in and around the surrounding area of Union Territory Chandigarh in which an affidavit was filed by the authorities.
The Court observed, “the manner in which this wild growth has been dealt with, despite orders of this Court is also not known to the procedure as enshrined in the Drug Law Enforcement Field Officers’ Handbook issued by Narcotics Control Bureau, Ministry of Home Affairs, Govt. of India which ensures that such plants should be burnt or damaged to make it dead sure that these are not misused for unlawful and illegal activities either by the drug addicts or peddlers.”
The Court noted in the photographs that after cutting down such wild growth of cannabis, a part of it is still lying scattered at that very spot itself.
The Court further noted that though a major part of the plant has been transported but to which place or what has been done to those cut-out cannabis has not been explained.
The Court said that the other affidavit that was filed is also almost to a similar footing wherein machinery used is visible but in the pictures such wild growth is visible and the manner of removing these plants is identical that is by cutting down but not being uprooted from that place.
The Court said that the action taken by the authorities so far on behalf of the UT Chandigarh Administration is unsatisfactory.
The Court further said that as the Court is at the very initial stage of the present proceedings therefore would refrain from passing any harsh order inviting UT Administration to take more stern steps i.e. by uprooting such wild growth from the roots itself and also to place on record the action plan to restrain its growth during the rainy season which would flourish and mushroom such wild growths.
Finally, the Court listed the matter for further hearing.
Cause Title: Balbir Singh @ Panju v. State of U.P.
Appearance:
Adv. Ashok Giri, Addl. AG Punjab Saurabh Kapoor, DAG Haryana Tanisha Peshawaria, Sr. Panel Counsel Sourabh Goel, Sr. Standing Counsel Amit Jhanji, Adv. Sanjiv Ghai and Adv. Parminder S. Kaul,
