CHANDER KANTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Sections 226/227 of the Constitution of India for the issuance of writ in the nature of Habeas Corpus directing respondent No. 2 to produce the detenu Yash Pal who has been illegally detained by him.

(2.) THE petition came up for hearing on 9.4.2003. This court appointed Shri S.C. Malik as Warrant Officer. He has submitted report dated 10.4.2003. The relevant part of the report reads as under :- "Reached Police Station Sidhwan Bet at 9.45 and after disclosing my identity and the purpose of visit to the MHC, took into possession the Roznamcha and initialled at the end of last entry bearing No. 30 and thereafter made an entry at 31. Then in the company of petitioner and the abovesaid Shiv Charan Thakur searched the premises of the police station. However, in the mess, in the precinct of police station, found the alleged detenu namely Yash Pal preparing chapatis along with other police personnels.

(3.) FROM the report of the Warrant Officer, it is clear that Yash Pal was illegally detained in the Police Station and he was preparing chapatis in the mess.