RAM KISHAN Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The present petition has been filed under Article 226 of Constitution of India read with Section 482 Cr.P.C for issuance of appropriate directions to respondent no.2 to get release the detenue namely Harish Kumar, the son of the petitioner from the illegal detention of respondent no.3.

(2.) It was pleaded that on 30.04.2015, at about 9.00 a.m, the officials of CIA Staff, Hoshiarpur came to the house of the petitioner and inquired about Naresh Kumar, the son of the petitioner. Petitioner informed them that he had already disowned Naresh Kumar. His other son Harish Kumar had come from abroad and was standing there. The petitioner showed copy of the passport as well as other documents regarding Harish Kumar to the police. They release him, but thereafter at 11.00.am again the police officials came to his house and forcibly picked up Harish Kumar, the son of the petitioner and also carried his passport and other documents. The officials of CIA Staff, Hoshiarpur asked him that they wanted to involve his son Naresh Kumar in a case under the provisions of Narcotic Drugs & Psychotropic Substances Act, 1985 and he should produce Naresh Kumar before them, then they will release Harish Kumar. Hence this petition.

(3.) A warrant officer was appointed by this Court vide order dated 01.05.2015 with a direction to visit the premises of CIA Staff, Hoshiarpur or any other place as pointed out by the petitioner to search the detenue. The report of the Warrant Officer (Resham Singh) dated 05.05.2015 has been received.