Judgment

UNTWALIA J. :- In this petition under Article 32 of the Constitution of India the petitioner has prayed for a writ of habeas corpus for directing his release from the allegedly unlawful custody in jail. The facts of this case are identical to those of Writ Petition No. 332 of 1974 = reported in AIR 1975 SC 168 the judgment of which has been delivered today. The dates of the order of detention and the arrest of the detenus and the grounds served in both the cases are identical. Each of them along with his associates is said to have been carrying 11 bundles of Telegraph Copper Wires weighing 300Kgs in a bullock cart on 13-5-72. The reasons of detention of the petitioner in this case are the same as in the other case. It is plain that this writ petition has also got to fail in view of the judgment in the other case.

2. But there is one special point which was urged by Mr. Pramod Swarup, learned counsel for the petitioner who assisted the Court as Amicus Curiae. Counsel submitted that in the First Information Report the petitioner was not named as an accused when a regular case was instituted. Allegations made against him in the grounds of detention are therefore baseless and fa