O R D E R

[Made by P.N.PRAKASH, J.]

This habeas corpus petition has been filed seeking to direct the respondents to produce the body or person of the petitioner's husband viz., Balamurugan, aged about 33 years, before this Court and set him at liberty. 2. It is the case of the petitioner that her husband Balamurugan was working as a Driver in the CRPF and was posted in Sukma area in Chhattisgarh State. According to the petitioner, her husband availed leave and came home on 07.10.2021 and thereafter he left for Sukma after which, his whereabouts are not known. On these allegations, the petitioner has filed the present habeas corpus petition against the respondents herein.

3. On notice, Mr.M.Dhinakaran, Deputy Inspector General of Police, Group CRPF Avadi Chennai, has filed a counter-affidavit dated 22.01.2022 wherein it is stated as follows:-

“6. It in respectfully submit that, No. 155030096 Constable/DVR S. Balamurugan (hereinafter called Petitioner's husband) was transferred from 19 Bn, CRPF, Odisha to 02 Bn, CRPF, Sukma, Chhattisgarh vide IGP, Southern Sector, CRPF, Hyderabad signal No. T.IX-10/2021-SS-Adm-ll dated 18/09/2021. Accordingly, Petitioner's husband was relieved by 19 Bn on 28/09/2021(AN) and reported at 2nd BN CRPF on 10/10/2021. On his reporting at 2nd Bn, CRPF, he was kept under mandatory quarantine due to Covid-19 at 2nd Bn, CRPF HQr, Distt.- Sukma, (CG). While petitioner's husband was under quarantine, he deserted unauthorizedly from Quarantine centre on 17/10/2021 at morning hours. Immediately, 2nd Bn, CRPP detailed a party to carry out search at Sukma market, Bus stand and nearby areas, but he could not be traced out. Compliant was then lodged at P.S. Sukma, Chattisgarh on same day. Thereafter, a Warrant of Arrest has also been issued for his apprehension addressed to the Superintendent of Police, Distt.- Ramanathapuram. (TN) vide commandant 2nd Bn, CRPF letter No. W.II-10/2021-02-EC-II dated 20/10/2021.

7. It is respectfully submit that, desertion from Force is more heinous offence under section 9(f) of CRPF Act' 1949 and can be awarded punishment of removal from service under section 11(1) of CRPF Act' 1949 after observing due disciplinary procedure. 2nd Bn, CRPF is constantly in touch with Civil Police to find out his location / whereabouts. Further, all Sukma OPS Range units as well as Tamil Nadu based units have been requested to direct their Intelligence branch personnel to approach nearby P.S. & area to find petitioner's husband location / whereabouts and if any lead then, informed to 2nd Bn, CRPF, vide office letter No. D.III-1/2021-02-EC- II dated 30/11/2021 & 06/12/2021 respectively. Further, all Tamil Nadu based units have also been informed and a special representative from 2nd Bn, CRPF unit had also been sent to liaise with Tamil Nadu based units to find him whereabouts. A Deputy Commandant has also been detailed only to liaise with investigating officer of Police to expedite the investigation process.”

4. On 20.04.2022, this Court has passed the following order:-

“The Police in-charge, Kotwali City, District of Sukma, has filed a report stating that the missing person's mobile phone was found near CRPF Camp and Sukma Bazaar area. The cover of the mobile phone was found on the banks of Shabari river. It is also stated that the police are taking steps to trace the missing person, who was working as a Constable with the CRPF.

2.While taking on file the said report, we direct the CRPF in coordination with the local police to find out any unidentified body was found in the area and make a report by 06.06.2022.

3.Post on 06.06.2022.”

5. Today when the matter is taken up for hearing, the learned Assistant Solicitor General of India submitted a report dated 01.05.2022 given by the Officer in Charge of Sukma Police Station, wherein, it is stated as under:-

“In compliance of letter under reference, this is to state that on 17.10.2021, an information was given by your letter no. D- Five-1/2021-02 dated 17.10.2021 t