ORDER (1-9-1970) - By majority we hold that the custody of Mr. Raj Narain is valid and that he is not entitled to release on his fresh petition. We shall give our reasons later.

Judgment

HIDAYATULLAH, C.J.I. :- (11-9-1976) Mr. Raj Narain M. P. was arrested on August 20, 1970 under Ss. 107/117, Criminal Procedure Code, and was remanded to jail custody under warrant issued by the City Magistrate, Lucknow. A petition for a writ of habeas corpus for his release is pending in this Court, and under our orders, August 22, 1970, he has been transferred to Tihar Central Jail Delhi His original remand, as ordered by the City Magistrate, was till August 28, 1970.

2. On August 28, 1970, we were informed at 4 P. M. that his remand would expire at midnight of the 28th St 1970 and that the Superintendent, Central Jail, Delhi would not be able to detain Mr. Raj Narain thereafter. The following intimation from the Superintendent - was received in this connection by the Registry:

"Sub: Production of Shri Raj Narain, M. P. in the SC Writ Petition No. 315 of 1970.Sir,

I have the honour to state, that Shri Raj Narain; M. P. was received in this jail on transfer from District Jail Lucknow, for production in