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2025 Supreme(P&H) 1578

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TRIBHUVAN DAHIYA
Sukhpal Singh Khaira – Appellant
Versus
Directorate of Enforcement, Government of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikram Chaudhri, Senior Advocate, assisted by Ms. Hargun Sandhu, Adv.
For the Respondent: Mr. Zoheb Hossain, Special Counsel, assisted by Mr. Lokesh Narang, Senior Panel Counsel.

JUDGMENT :

TRIBHUVAN DAHIYA, J.

The petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023, for setting aside the order dated 07.02.2025, Annexure P-19, passed by the trial Court, dismissing the petitioner’s application to defer further proceedings of the case bearing CIS No.COMA-1-2022 arising out of ECIR/02/STF/2021, dated 21.01.2021. The deferment was sought on the ground that further proceedings in the scheduled/predicate offence, i.e., FIR No.35 dated 05.03.2015, registered under Sections 21 , 24, 25, 27, 28, 29, 30, 61 of the NDPS Act, Sections 25 /54 of the Arms Act, 1959, and Section 66 of the Information Technology Act, 2000, at Police Station Sadar Jalalabad, District Fazilka, remained stayed in terms of interim order, dated 10.04.2024, passed by the Supreme Court in Special Leave to Appeal (Crl.) No.2100 of 2024.

2. The petition has been filed on the following facts:

2.1. The petitioner was implicated and summoned as an additional accused in exercise of powers under Section 319 of the Code of Criminal Procedure (Cr.P.C.) after trial in case FIR No.35 dated 05.03.2015 had concluded, vide order dated 05.03.2021. The proceedings

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