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2001 Supreme(All) 971

S.K.AGARWAL
HAFIZ AFZAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
DAYA SHANKAR MISHRA

S. K. AGARWAL, J.


( 1 ) HEARD learned Counsel for the applicant, learned A. G. A. and Sri. P. K. Srivastava, learned Counsel for the Union of India.

( 2 ) AS contended by the learned Counsel for the applicant, b warrant (production or transit warrant) was served upon the applicant for the present offence during his incarceration in District Jail, Howrah (West Bengal) where he was confined in an offence of the same nature. His detention, therefore, in the present offence will be deemed from the date of service of the production warrant. The applicant was never produced in Court in the present case and no remand was obtained. In a nutshell his contention is that the detention of the applicant and his custody in the present case is illegal in the absence of any order of remand. There is no legal sanction behind his confinement in jail in the present offence. He drew my attention to Article 22 (1) of the Constitution of India, Section 57, Cr. P. C. and Section 167 (1), Cr. P. C. in support of his contention.

( 3 ) LEARNED Counsel for the Union of India submitted that the applicant being involved in the offence at hand and production warrant having been served on him his non-production i















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