DR. NIRANJAM BHATTACHARJEE Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THE petitioner Dr. Niranjan Bhattacharjee, who appears to have been in this Territory from October, 1957 sent a petition to 'this Court, complaining against his detention in the Jail at Imphal, which appears to have commenced from 18 -12 -57 and the same has been taken up and dealt with under Section 491 of the Cr.P.C.

(2.) THE facts necessary for the consideration, of the question involved, namely, whether petitioner's detention is illegal or improper, and which were presented by the learned Govt. Advocate on behalf of the Administration and which will be found mentioned in the return filed on behalf of the Administration and can be gathered from the papers produced, though not without difficulty, may be briefly stated thus : The petitioner was arrested by the Officer -in -charge, Imphal Police Station under Section 55 Cr.P.C. on 17 -12 -57. On the same day he was also arrested by the same officer, under Section 54, Cr. P.C. He was produced before the A.D.M., Manipur, on 18 -12 -57 and separate remands were granted in both the cases first upto 31 -12 -57 and again till 15 -1 -58. Thereafter there is no order in the case under Section 55 while in the other case it appears that the petitioner was further remanded till 18 -1 -58. Thereafter we find no order in that case also. The learned Govt. Advocate explained that the court was not moved for further remands and the matter was dropped by the Police.

(3.) IT appears that on 21 -12 -57, the Police at Imphal, received a wireless message from the Police at Silchar (Assam) for detaining the petitioner and arranging for his transport to Silchar, as he was; wanted there to stand a trial in connection with some offence, and the contention of the learned Govt. Advocate was, that the petitioner was arrested on the receipt of this message, under Section 54(9) of the Cr. P. Code, and produced before the A.D.M., who remanded him from time to time, awaiting; proper steps for the transfer of the petitioner from Manipur to a court in Assam, and papers produced in that connection, show that the petitioner was produced before the A.D.M. on 24 -1 -58, and was remanded from time to time.