ORDER

It is obvious that the period of parole cannot be counted towards period of detention. The petitioner should surrender and serve out remaining period of 141 days detention. Criminal Miscellaneous Petition is disposed of accordingly.

APPENDIX

Application for Directions Filed by Advocate for the Respondents

To

Honble Mr Y. V. Chandrachud, the Chief Justice of India and his companion Judges of the Supreme Court of India.

Most Respectfully Sheweth

1. That the detenu Arjun Dass was detained on January 13, 1983under Section 3(1) of the COFEPOSA Act, in pursuance of the order dated June 28, 1982 passed by the State Government.

2. That the detenu Arjun Dass had challenged his detention before the Honble High Court of Allahabad by way of writ petition. The said writ petition was dismissed by the Honble High Court by the order/ judgment dated February 10, 1983.

3. That thereafter the writ petition was filed by the petitioner Harish Makhija, on behalf of the detenu before this Honble Court. This Honble Court by its order dated September 13, 1983, held that in the facts and circumstances of the case we direct that the detenu will be released on parole until further orders, but during the period o