GOVIND RAM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) On 30/04/1993 the petitioners were arrestedunder Section 120-B read with Section 420 of the Indian Penal Code.Section 25 of the Arms Act, 1959, Section 5 of the Terrorist and DisruptiveActivities (Prevention) Act, 1987 (hereinafter referred to as TADA) and underSection 132 of the Customs Act.

(2.) On 12/05/1993 the learned Additional Chief MetropolitanMagistrate. Delhi dismissed the bail application on the ground that therebeing "sufficient grounds" to believe that the provisions of TADA wereattracted, he was not competent to entertain the bail application. Subsequently, the petitioners moved the Designated Court which, by its order dated 20/05/1993, dismissed the bail application. The last paragraph of the ordermay be reproduced with profit. It runs as follows :

(3.) On 24/05/1993 the petitioners filed the writ of Habeas Corpusalleging that they were in "wholly unlawful and illegal custody" that noprovision of TADA was attracted and that in fact they had committed nopenal offence. Alongwith the writ petition they also moved a criminalmiscellaneous petition for their release from "wrongful custody and detention" pending the disposal of the writ petition. It is that application whichhas led to this order.