JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Article 226 of the Constitution of India is for issuance of a writ in the nature of habeas corpus, directing the respondents to get the detenue Harjinder Singh son of Satpal Singh and brother of the petitioner released.

(2.) Accepting the prayer made by the petitioner, this Court vide order dated 22.5.2016 while issuing notice of motion for today, had appointed a Warrant Officer to search the detenue at the place(s), as may be pointed out by the petitioner and in case he is found in illegal detention, he be got released forthwith. Pursuant to the aforesaid order, the Warrant Officer has submitted his report dated 26.5.2016 to the effect that he visited the Police Station Lambi, District Muktsar and found the detenue sitting along with his two relatives on the main gate of the police station. He went inside the police station, where Incharge of the Police Station Gurpreet Singh Bains was found present. He made enquiry regarding presence of the alleged detenue at the gate of the police station, to which, he was informed that the alleged detenue has neither been arrested nor wanted in any case. The Warrant Officer recorded his presence in the Roznamcha.

(3.) I have heard learned counsel for the parties.