S. Sagir Ahmad, J.

1. This petition was allowed by us by our short order dated 2-12-1988. We now proceed to give our reasons.

2. By in this petition, filed under Article 226 of the Constitution, the petitioners have challenged their detention in the Central Jail, Naini, Allahabad.

The petition was filed on 24-10-1988 after giving no ice to the Senior Standing Counsel of the Central Government. On that date an order Was passed that the case shall come up for final hearing on 28-10-1988. It was further directed that the remand papers shall be brought to this court through special messenger from the court of the Special Chief Judicial Magistrate, Allahabad.

3. The remand papers were brought from the court of the Special Chief Judicial Magistrate, Allahabad and were produced before us.

4. The case of the petitioners' is that they are the of trucks. On 1-10-1988 at about 7 a.m. they were arrested by the Custom authorities at a tea shop situate near the Chakwa barrier in between Tulsipur and Balrampur in district Gonda and were detained by the custom authorities illegally in their custody prior to their being sent to jail on 4-10-1988. THEy were not produced before any Magistrate