( 1 ) A Division Bench of this Court has referred the following question to be decided by the Full Bench :-"where an accused person is under judicial custody on the basis of a valid remand order passed under Sections 209 or 309, Cr. P. C. by the Magistrate pending committal proceedings or trial, should he be set at liberty by issuing a writ of Habeas Corpus on the ground that his initial detention was violative of Constitutional guarantee enshrined in Articles 21 and 22 of the Constitution of India?"

( 2 ) IT may be mentioned here that the petitioner filed the present petition challenging his detention in Varanasi Jail in Crime No. Nil of 1993/special Trial No. 273 of 1993 u/ss. 8/21/22/25/27 of Narcotic Drugs and Psychotropic Substances Act of Police Station N. C. D. Varanasi. It was alleged that when the petitioner was arrested in the said crime he was not informed the grounds of his arrest with the result that his detention being in violation of the provisions of Section 50 (1) of the Code of Criminal Procedure as also under Articles 21 and 22 of the Constitution was illegal particularly as his arrest was not in pursuance of any warrant of arrest. It is further menti