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1992 Supreme(Kar) 232

GULABJAN W/O SHAFI – Appellant
Versus
SUB-INSPECTOR OF POLICE – Respondent


Advocates:
KASHINATH RAO PATIL

K. A. SWAMI, J.

( 1 ) IN this petition under Art. 226 of the Constitution petitioner has sought for a declaration that the detention of the petitioner's husband by name Shafi is illegal, unconstitutional and without jurisdiction and for issue of a writ in the nature of habeas corpus to the respondents directing them to release Sri Shafi and also to pay a sum of Rs. 6,000/- as compensation.

( 2 ) THE facts undisputed are as follows : on 23/03/1992 the Sub-Inspector of Police, Byadgi, caught Sri Shafi red-handed while transporting sandal-wood billets of the value of Rs. 40,000/- within the limits of Byadgi Police Station. He was driving the vehicle in which sandalwood billets were being transported. The Sub-Inspector of Police arrested him and filed a First Information Report in the concerned Police station and also produced Sri Shafi before court within 24 hours. The learned Magistrate in the first instance remanded him to judicial custody and thereafter granted bail on 3-7-1992 on the following terms : "the accused No. 1 Shaffi is released on bail on his executing a Personal Bond and two surety Bonds for Rs. 50,000-00. The accused No. 1 shall attend the Byadgi Police Station on Wed













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