GULABJAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution petitioner has sought for a declaration that the detention of the petitioner's husband by name Shafi is illegal, unconstitutional and without jurisdiction and for issue of a writ in the nature of habeas corpus to the respondents directing them to release Sri Shafi and also to pay a sum of Rs. 6,000/- as compensation.

(2.) The facts undisputed are as follows : On 23/03/1992 the Sub-Inspector of Police, Byadgi, caught Sri Shafi red-handed while transporting sandal-wood billets of the value of Rs. 40,000/- within the limits of Byadgi Police Station. He was driving the vehicle in which sandalwood billets were being transported. The Sub-Inspector of Police arrested him and filed a First Information Report in the concerned Police station and also produced Sri Shafi before court within 24 hours. The learned Magistrate in the first instance remanded him to judicial custody and thereafter granted bail on 3-7-1992 on the following terms : "The accused No. 1 Shaffi is released on bail on his executing a Personal Bond and two surety Bonds for Rs. 50,000-00. The accused No. 1 shall attend the Byadgi Police Station on Wednesday and Sunday between 2 to 4 p.m. in every week. The surties shall produce the solvency certificates."

(3.) The husband of the petitioner has not complied with the conditions of the bail nor he has challenged the order dated 3-7-1992 passed by the learned J.M.F.C., Byadgi in Crime No. 43 of 1992. If the husband of the petitioner is aggrieved by the conditions imposed by the learned Magistrate, it is open to him to challenge those conditions under the provisions of the Code of Criminal Procedure before this Court or before the Sessions Court. The husband of the petitioner has not chosen to do so. On the contrary, the present petition is filed on the basis that the conditions imposed are onerous : that the very arrest and detention of Sri Shaffi is illegal and unconstitutional, therefore, the respondents be directed to release Shri Shaffi immediately and also to pay compensation of Rs. 6,000/-.