ANOOP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner has approached this Court praying for quashing of the order dated 21.11.2014 (Annexure P-1) passed by the Deputy Commissioner of Police-cum-Executive Magistrate, Amritsar-respondent No.3 by which the petitioner has been ordered to be detained in Central Jail Amritsar and the order dated 12.03.2015 (Annexure P-2) passed by the District Magistrate, Amritsar, rejecting the appeal of the petitioner. Petitioner has also prayed for fixing liability upon the erring Government officials including respondent No.3 and for grant of adequate compensation on account of he being illegally detained depriving him of his personal liberty without following due procedure established by law.

(2.) Petitioner has approached this Court by way of the present writ petition alleging illegal detention on the basis of the impugned orders passed by respondents 2 and 3 asserting that the same are not in accordance with law and the procedure as prescribed under the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.').

(3.) Petitioner is a habitual offender and is involved in illegal trade of illicit liquor against whom five cases have been registered under the Punjab Excise Act, 1914 (hereinafter referred to as 'Excise Act') at Police Station Maqboolpura, District Amritsar, out of which in two cases, he has been convicted and the other three are under investigation A report bearing No.33 dated 01.06.2014 under Section 41(2)/110 of the Criminal Procedure Code was presented by the Station House Officer (SHO), Police Station Maqboolpura, Amritsar and the petitioner was produced before the Additional Deputy Commissioner of Police-cum-Executive Magistrate on 25.07.2014. On the said date, petitioner was heard and after perusal of the records and the statement of the witnesses, he was bound by respondent No.3 for good behaviour in future on submission of surety bond amounting to Rs. 2 lakhs for a period of one year. Petitioner executed a bond for good behaviour for the said amount in compliance with the order dated 25.07.2014 (Annexure R-2).