PRAVESH KUMAR AHLUWALIA Vs. SUPRINTENDENT CENTRAL JAIL

JUDGEMENT

(1.) We have heard counsel for the parties today. We proceed to judgment.

(2.) It is averred in the petition that the petitioner was taken from his residence on 2nd August, 1987 by the officials of the Narcotics Control Bureau, New Delhi and the West Bengal Police for investigating a case which had teen registered under Section 22/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') but was formally produced before the Metropolitian Magistrate on 4th August, 1987 at her residence in the evening at about 8.00 P.M. when he was remanded to Police custody of West Bengal Police upto 14th August, 1987. It is not necessary to notice the details of the prosecution case which was registered by the West Bengal Police. It appears that after 14th August, 1987 the petitioner was remanded to judicial custody in the cases against him from time to time till 7th September, 1987. It further appears that while in Police custody of West Bengal Police, the petitioner was taken to Calcutta for investigations but was however, brought back to Delhi on 14th August, 1987 and produce before the ACMM, New Delhi as that was the day on which the Police remand was expiring. Before the ACMM on the date of hearing, i.e., 14th August, 1987, awarrant issued by the Chief Judicial Magistrate, Alipur (Calcutta) dated the 12th August, 1987 was produced seeking that the petitioner be produced before that Court on 28th August, 1987. The grievance of the petitioner is that he was not taken to Calcutta on 28th August, 1987 despite directions by the ACMM, New Delhi that the petitioner be taken to Calcutta under the said warrant by 7th September, 1987. On 25th August, 1987 the Additional Sessions Judge, New Delhi released the petitioner on bail for the offence under Section 22/29 of the said Act in a case registered in Delhi on the asking of the Narcotics Control Bureau.

(3.) The petitioner, however, was not produced before the. Chief Judicial Magistrate, Alipur (Calcutta) on 7th September, 1987 or on any day earlier to that, instead he was produced before the ACMM, New Delhi on 7th September, 1987. On the date, it is averred on Oath that no official of the West Bengal. CID appeared before the ACMM asking for further judicial remand or for the transfer of the petitioner from Delhi to Calcutta. In that view of the matter, it is averred, the ACMM, New Delhi directed that the petitioner was not required in any case registered in Delhi and he (the petitioner) be produced before the Calcutta Court. Since then the petitioner is languishing in Tihar Jail, New Delhi.