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IN THE HIGH COURT OF ALLAHABAD
A. P. MISHRA, A. B. SRIVASTAVA
MOHAMMAD DAUD ALIAS MOHD.SALEEM - Appellant
Versus
SUPERINTENDENT OF DISTRICT JAIL - Respondents
HAB. COR. WRIT PETN. 24268 Of 1991
Decided On : 09/28/1992
The court held that the petitioner's detention in the District Jail, Moradabad, in connection with the Sessions Trial No. 748-A of 1984, was illegal and invalid. The court also held that the petitioner was liable to be transferred back to the Central Prison, Nasik, in connection with the NDPS Act case pending before the Special Judge, City Sessions Court, Greater Bombay.
Fact of the Case:
The petitioner, Mohd Daud alias Mohd Salim, was arrested by the Detection of Crime Branch, CID Bombay (hereinafter referred to as D. C. B. , C. I. D. Bombay) on 11/07/1989 pursuant to alleged recovery of narcotic and psychotropic substances. He was being prosecuted in the court of Special Judge, City Sessions Court, Greater Bombay for offences under Ss. 8(C), 21, and 29 of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter referred as N. D. P. S. Act) and was in judicial custody of the said court, when "production warrant under S. 267 of the Criminal Procedure Code (commonly known as B Warrant) darted 13-4-1990, was sent from the court of the Special Judge, Moradabad to the Superintendent central Jail, Nasik requiring him to produce the petitioner before the said court to answer the charge of offences under S. 394/397, IPC in the Sessions Trial No. 748-A of 1984.
Finding of the Court:
The court held that the petitioner's detention in the District Jail, Moradabad, in connection with the Sessions Trial No. 748-A of 1984, was illegal and invalid. The court also held that the petitioner was liable to be transferred back to the Central Prison, Nasik, in connection with the NDPS Act case pending before the Special Judge, City Sessions Court, Greater Bombay.
Issues: 1. Whether the petitioner's detention in the District Jail, Moradabad, in connection with the Sessions Trial No. 748-A of 1984, was illegal and invalid? 2. Whether the petitioner was liable to be transferred back to the Central Prison, Nasik, in connection with the NDPS Act case pending before the Special Judge, City Sessions Court, Greater Bombay?
Ratio Decidendi: 1. The court held that the petitioner's detention in the District Jail, Moradabad, in connection with the Sessions Trial No. 748-A of 1984, was illegal and invalid because: a. The initial order of remand to custody was illegal. b. The alleged subsequent extension of remand to custody was also illegal. c. There was no valid remand to custody of the petitioner in ST No. 748-A/84 from 3-12-1990 the date of the production till his acquittal in the said case on 12-2-1992. 2. The court held that the petitioner was liable to be transferred back to the Central Prison, Nasik, in connection with the NDPS Act case pending before the Special Judge, City Sessions Court, Greater Bombay, because: a. S. 270 of the Cr. P. C. provides that a prisoner brought before a court on a production warrant to be taken back to the prison from where he was so brought. b. The act of the respondents in directing the petitioner to be taken back to the Central Prisoner Nasik thus has the due sanction of law and these petitions for the writs of habeas corpus and mandamus do not lie.
Final Decision: The court dismissed all three petitions.
( 1 ) THESE are three connected writ petitions under Art. 226 of the Constitution of India, in relation to one and the same matter filed on different dates, hence are being disposed of by a common judgment.
( 2 ) THE writ petition No. 10870 of 1991 was filed on 15-4-1991 for mandamus directing the Superintendent, District Jail, Moradabad not to transfer the petitioner from, the said jail to Bombay in pursuance of warrants received from the City Sessions Court Greater Bombay and to release him the moment he receives releases order in Crime No. 96 of 1983 under Ss. 3 /397, IPC. P. S. Hazarat Nagar Garhi, Moradabad. It was admitted on 1-10-1991.
( 3 ) BY means of the Habeas Corpus Petition No. 24268 of 1991 filed on 12-9-1991 the Petitioner prayed for issuance of a writ of habeas corpus directing the. respondents No. 1 and 2, Superintendent District Jail, Moradabad and states of Uttar Pradesh respectively to release the petitioner from detention in the District Jail, Moradabad and also for a writ of mandamus prohibiting the respondents from transferring the petitioner to any other jail outside the district of Moradabad. This petition was originally filed impleading the Superintendent, District Jail, Moradabad and the State of Uttar Pradesh as respondents Nos. 1 and 2, respectively. It was admitted on 1-10-1991 and rule nisi was issued to the respondents on 28-10-1991, an interim order restraining, transfer of petitioner to any jail outside Moradabad was passed. Subsequently, on the application of the petitioner by an order dated 13-1-1992 of this court, the Superintendent Central. Prison, Nasik (Maharashtra), and the Senior Inspector (Police), Detention of Crime Branch, C. I. D. Unit No. 5, Bombay were impleaded as respondents Nos. 3 and 4 respectively, and notices for return be issued to them.
( 4 ) WRIT Petition No. 5105 of 1992 was filed on 12-2-1992 against the Sessions Judge, Moradabad and the Special Judge, Moradabad for mandamus directing them not to shift the petitioner to Bombay or any prison outside Moradabad, to comply with interim order dated 28-10-1991 in Habeas Corpus Petition No. 24268 of 1991 and to release him on bail in pursuance of order dated 27-3-1991 of this court in Crime No. 96 of 1983 aforesaid.
( 5 ) SINCE Habeas Corpus Petition No. 24268 of 1991 has been heard as the leading case and the pleadings therein cover the entire gamut of the controversy, it will not be necessary to burden this judgment by separately narrating the pleadings in all three petitions.
( 6 ) THE petitioner Mohd Daud alias Mohd Salim along with. four others, was arrested by Detention of Crime Branch, CID Bombay (hereinafter referred to as D. C. B. , C. I. D. Bombay) on 11/07/1989 pursuant to alleged recovery of narcotic and psychotropic substances, He was being prosecuted in the court of Special Judge, City Sessions Court, Greater Bombay for offences under Ss. 8 (C.), 21, 29 of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter referred as N. D. P. S. Act) and was in judicial custody of the said court, when "production warrant under S. 267 of the Criminal Procedure Code (commonly known as B Warrant) darted 13-4-1990, was sent from the court of the Special Judge, Moradabad to the Superintendent central Jail, Nasik requiring him to produce the petitioner before the said court to answer the charge of offences under S. 394/397, IPC in the Sessions Trial No. 748-A of 1984. By his order dated 11-7-1990 the Special Judge, Greater Bombay directed the Superintendent, Central Prison, Nasik to produce the petitioner before the Special Judge, Moradabad in compliance of the production warrant. The petitioner was ultimately produced before the court of Special Judge, Moradabad on 3-12-1990 who by his order dated 3-12-1990 remanded him to judicial custody in the said sessions trial.
( 7 ) THESE petitions for issuing writs of habeas corpus and mandamus have been filed by the petitioner alleging inter alia, tha
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