HAFIZ AFZAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the applicant, learned A.G.A. and Sri. P. K. Srivastava, learned Counsel for the Union of India.

(2.) As contended by the learned Counsel for the applicant, 'B' warrant (production or transit warrant) was served upon the applicant for the present offence during his incarceration in District Jail, Howrah (West Bengal) where he was confined in an offence of the same nature. His detention, therefore, in the present offence will be deemed from the date of service of the production warrant. The applicant was never produced in Court in the present case and no remand was obtained. In a nutshell his contention is that the detention of the applicant and his custody in the present case is illegal in the absence of any order of remand. There is no legal sanction behind his confinement in jail in the present offence. He drew my attention to Article 22(1) of the Constitution of India, Section 57, Cr. P.C. and Section 167(1), Cr. P.C. in support of his contention.

(3.) Learned Counsel for the Union of India submitted that the applicant being involved in the offence at hand and production warrant having been served on him his non-production in this case in Court in the circumstances in pursuance to that has no bearing to the facts of this case. Since he was not produced in Court in this State, he is not detained in this case at all. He has referred to the order of the learned Sessions Judge also. A Division Bench judgment of this Court was also referred to. It is reported in 2000 Cri LJ 4125 : (2000 All LJ 2026) (Bobby alias Premveer v. State of U.P.). In its paragraph No.80, quoted as under, it has clearly been observed that "If the Criminal Courts' transit warrant or 'B' Warrant is executed and the prisoner is brought and produced, the Court's custody is to continue over the prisoner because of having secured the production of the prisoner through the 'B' Warrant." Thus, apparently, these lines clearly indicate that the production of the prisoner in pursuance to Transit Warrant or 'B' Warrant before the Court which has directed its issuance for his production is a must. Following lines from paragraph No. 81 of the aforesaid judgment need reference in the context of this submission :