SNEHA SURESH BHUJEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Petition for issuance of a Writ in the nature of Habeas Corpus, for the release of the detenue Suresh Bahadur Bhujel from the alleged illegal detention by the Respondent No.2. The Petition is filed by the wife of the detenue.

(2.) Heard the learned counsel Mr.Kripashankar Pandey for the Petitioner and learned APP Shri.S.V.Gavand on behalf of the Respondents-State.

(3.) The main contention of the learned counsel for the Petitioner is, that the detenue was produced before the learned Magistrate for the first remand beyond the period of twenty four hours which is in violation of Sec. 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") and also is violative of Article 22(2) of the Constitution of India. According to the learned counsel, therefore, this infringes the Articles 21 and 22 and therefore, he is entitled to be released from the detention.