NOORUL HUDA ALIAS NANKA Vs. SUPERINTENDENT CENTRAL JAIL

JUDGEMENT

(1.) Through this petition, moved under Article 226 of the Constitution of India, Noorul Huda alias Nanka petitioner has challenged his remand to custody by order dated 24.11.1983 passed by the Chief Judicial Magistrate, Allahabad, and seeking his release from Central Jail, Naini, where he is said to be kept under so-called unlawful custody.

(2.) The facts appearing from the petition, counter affidavit and rejoinder affidavit are as follows: The petitioner came to be arrested by the police of Police Station Cannington in connection with the murder taking place in the night between 17/18/8/1983. The petitioner alleged that he was arrested on 19/8/1983 from his house in village Khopa situated at a distance of 32 Km. From Police Station Cannington. However, the counter affidavit of J.N. Ram, Inspector Incharge, the then Station House Officer, P.S. Cannington, vouched the arrest of the petitioner on 20.8.1983 at 5.30 p.m. from a place 1 km. from village Khopa which was said to be situated at a distance of 50 km. from P.S. Cannington.

(3.) Apart from the above controversy regarding the actual date and time of arrest the petitioner claims that even if the arrest had taken place as alleged by the Opposite party then also the said arrest is hit by the provisions contained in sections 50 and 167 of the Criminal Procedure Code and Article 22 of the Constitution of India rendering his arrest and detention in custody unlawful and invalid.