Judgment

DUA, J.:- The petitioner, Anwar alias Raldu son of Basawa Batwal, resident of Nathu Pora, District Sialkot, (West Pakistan), forwarded to this Court his application dated March 11, 1970, from Central Jail, Jammu where he was being detained, praying for a writ in the nature of habeas corpus for his production in this Court to enable him to challenge his detention. In the application it was asserted inter alia that the petitioner had been brought from Pakistan to the State of Jammu and Kashmir by his uncle Shri Dosa, son of Jumma, who was working for Indian Intelligence. The petitioner had crossed the cease-fire line and come to India for the purpose of taking to Pakistan the necessities of life. His uncle who was inimical towards him got him arrested after he had crossed the cease-fire line on the basis of the allegation that the petitioner was a smuggler and had opium on his person. The petitioner was thereafter convicted and sentenced. His sentence expired in January, 1970. After his release he was again arrested. His detention after his rearrest was challenged in this application.

2. In the return it was sworn by Shri A. K Hamdani, Under Secretary, Home Department, Jammu a