Augustine George Masih, J.:-

1. Petitioner has approached this Court praying for quashing of the order dated 21.11.2014 (Annexure P-1) passed by the Deputy Commissioner of Police-cum-Executive Magistrate, Amritsar-respondent No. 3 by which the petitioner has been ordered to be detained in Central Jail Amritsar and the order dated 12.03.2015 (Annexure P-2) passed by the District Magistrate, Amritsar, rejecting the appeal of the petitioner. Petitioner has also prayed for fixing liability upon the erring Government officials including respondent No. 3 and for grant of adequate compensation on account of he being illegally detained depriving him of his personal liberty without following due procedure established by law.

2. Petitioner has approached this Court by way of the present writ petition alleging illegal detention on the basis of the impugned orders passed by respondents 2 and 3 asserting that the same are not in accordance with law and the procedure as prescribed under the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.').

3. Petitioner is a habitual offender and is involved in illegal trade of illicit liquor against whom five cases have been registered under the Punjab Excise Act, 1914 (hereinafter referred to as 'Excise Act') at Police Station Maqboolpura, District Amritsar, out of which in two cases, he has been convicted and the other three are under investigation A report bearing No. 33 dated 01.06.2014 under Section 41(2)/110 of the Criminal Procedure Code was presented by the Station House Officer (SHO), Police Station Maqboolpura, Amritsar and the petitioner was produced before the Additional Deputy Commissioner of Police-cum-Executive Magistrate on 25.07.2014. On the said date, petitioner was heard and after perusal of the records and the statement of the witnesses, he was bound by respondent No. 3 for good behaviour in future on submission of surety bond amounting to ` 2 lakhs for a period of one year. Petitioner executed a bond for good behaviour for the said amount in compliance with the order dated 25.07.2014 (Annexure R-2).

4. After the execution of the said bond for keeping good behaviour, which was in Form No. 3, as contained in Second Schedule to the Cr.P.C., F.I.R. No. 117 dated 21.10.2014 was registered at Police Station Maqboolpura, Amritsar against the petitioner under Section 61 of the Excise Act as he was found in possession of 36 bottles of English whiskey brand 'CASH'. In the said F.I.R. though the petitioner was released on bail by the Investigating Officer being a bailable offence. However, a report dated 27.10.2014 was received from the SHO, Police Station Maqboolpura, Amritsar by the Additional Deputy Commissioner of Police-cum-Executive Magistrate, Amritsar, wherein mention of DDR No. 33 dated 01.06.2014 was made and it was stated that since F.I.R. No. 117 dated 21.10.2014 stands registered against the petitioner during the period when the petitioner was required to maintain good conduct and behaviour as per the order dated 25.07.2014 (Annexure R-2), action be taken against him.

5. The Additional Deputy Commissioner of Police, City I, issued warrant of arrest against the petitioner as also notice to the sureties by order dated 29.10.2014 for 20.11.2014. As the warrant and notice had been received unexecuted, fresh warrant against the petitioner and notice to the sureties were issued for 04.12.2014. Petitioner was arrested by the SHO, Police Station, Maqboolpura, Amritsar City and was produced before respondent No. 3 on 21.11.2014. On that very day, respondent No. 3, taking the aid of the provisions of Section 122 Cr.P.C., ordered detention of the petitioner for the remaining period of bond, for which the petitioner was bound down to maintain good conduct in exercise of the powers under Section 122(1)(b) of the Cr.P.C. (Annexure P-1). Petitioner was accordingly lodged in Central Jail, Amritsar on 21.11.2014 and since then is in judicial custody.

6. Petitioner challenged this ord

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