RAM BILASH SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THIS Criminal Writ Petition has been preferred by the petitioner for quashing of the order dated 24.2.2012 ( Annexure-6) passed by the Special Judge, CBI, Ranchi, in connection with RC case No. 20(A)/2009R whereby and whereunder the petitioner has been remanded to judicial custody on the ground of non compliance of section 41(B) of the Code of Criminal Procedure and section 80 read with section 76 of the Cr. P.C. The legality of the order has also been challenged on the ground of violation of Article 22(1) and 22(2) of the Constitution of India. It is further prayed that the petitioner may be directed to be released forthwith from custody and an exemplary compensation be granted for his illegal detention by the CBI.

(3.) IT is contended on behalf of the petitioner that the CBI has violated the provisions contained under Article 21 read with Article 22(2) of the Constitution. Liberty of the petitioner was curtailed and he was illegally detained by the CBI within the districts of Madhubani, Patna and Ranchi. After his arrest, no arrest memo was prepared as required under section 41(B) of the Code of Criminal Procedure and he was not produced before the nearest Magistrate, as envisaged under section 57 of the Code of Criminal Procedure. No transit remand as required under section 80 read with section 76 Cr.P.C. was taken by the arresting officer. The petitioner was not produced, after his arrest, before the Magistrate for seeking transit remand as per the provisions contained in section 76 Cr.P.C. The detention of the petitioner by the CBI was in utter violation of Article 22(2) and therefore the learned Special Judge, CBI should not have remanded the petitioner to judicial custody. Thus the order dated 24.2.2012 is illegal ab initio and is liable to the quashed and the petitioner be directed to be released forthwith and exemplary compensation be awarded.