Satnam Singh vs State of Haryana

Kanwaljit Singh Ahluwalia, J.—A communication, received from Satnam Singh by the Registry of this Court on 25.1.2011, has been treated as a writ petition, wherein it is stated that on 22.1.2011 at about 12.00 Noon, five/six police officials came to the house of Petitioner and forcibly picked up his younger brother, namely Balwinder Singh along with gold and silver jewellery weighing five tolas.

In response thereto, learned Counsel for the Respondent has filed a reply, by way of affidavit of Madan Lal, Deputy Superintendent of Police, Assandh, today in the Court. The same is taken on record. In the reply, it is stated that on 22.1.2011 Jai Narain, Assistant Sub Inspector, had apprehended Balwinder Singh alias Binda, brother of the Petitioner, at Gonder-Badnara Road and 800 grams of poppy husk as well as a country made pistol .315 bore along with four live cartridges were recovered from his possession. Therefore, a case FIR No. 31 dated 22.1.2011, was registered at Police Station Nissing, u/s 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"), against Balwinder Singh. Another FIR No. 32 dated 22.1.2011, was also registered against Balwinder Singh at Police Station Nissing, u/s 25/54/59 of the Arms act, 1959. Thereafter, the alleged detenue was produced before the Illaqa Magistrate.

In view of the reply filed by the state, it cannot be said that custody of alleged detenue Balwinder Singh was illegal. Therefore, no writ, in the nature of Habeas Corpus, can be issued. Hence, this Court cannot come to the rescue of the Petitioner and the present writ petition is dismissed.