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1974 Supreme(SC) 96

M.H.BEG, Y.V.CHANDRACHUD
Sandip Kumar Dey – Appellant
Versus
Officer-in-charge, Sakchi P. S. , Jamshedpur – Respondent


Judgment

CHANDRACHUD, J. :- This a petition under Article 32 of the Constitution asking for the writ of habeas corpus. The petitioner, Sandip Kumar Dey, challenges by this petition the legality of various orders under which he was remanded to jail custody from time to time.

2. It appears from the First Information Report lodged by the Inspector, Golmuri Circle, Jamshedpur, that on the afternoon of June 5, 1971 a large police party raided a house from which ammunition, firearms and other weapons were recovered. The petitioner and another person called Narain Das were arrested on the spot and were produced on the very next day before the Sub-Divisional Magistrate, Jamshedpur, who remanded them to jail custody from time to time. The petitioner was transferred to Gaya jail on August 5, 1971, but the orders of remand continued to be passed by the Sub-Divisional Magistrate, Jamshedpur without the production of the petitioner before him. It is urged that these remand orders are illegal as they were passed behind the back of the petitioner and in spite of the fact that he was willing and available for being produced before the Magistrate.

3. Mr. Garg who appears on behalf of the petitioner ha






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