Saurabh Pratap Singh v. State & ORS.

$~.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (Crl.) .......................... /2018 (to be numbered) SAURABH PRATAP SINGH ..... Petitioner Through:

Ms. Anjali J Manish, Ms. Priyadarshini Manish and Nidhi Saini, Advocates versus THE STATE & ORS.

..... Respondents Through:

Mr. Satish Aggarwala, Advocate for DRI

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 03.02.2018 Learned counsel for the petitioner has mentioned this petition before this bench for urgent hearing. The occasion for this mention has arisen, since, this bench has been constituted to hear another petition seeking a writ of habeas corpus under the orders of Hon'ble the Acting Chief Justice in respect of another person viz. Mr. Sanjay Maheshwari. The detenue in the present case viz. Sanjeev Pratap Singh is stated to be involved in the same transaction. Looking to the urgency, we have allowed the request and proceed to take up the present petition.

Mr. Satish Aggarwala has appeared on advance notice on behalf of the respondents.

The petitioner has preferred this petition to seek a writ of habeas corpus

for production of Mr. Sanjeev Pratap Singh from the custody of the respondent/ DRI. According to the petitioner, Mr. Sanjeev Pratap Singh was taken by the officers of the DRI on 02.02.2018 after conducting search at the residential premises from 7 O'clock onwards in the morning. The petitioner claims that Mr. Sanjeev Pratap Singh was detained at the DRI Office on 02.02.2018 and despite passage of more than 24 hours, he has not been produced before the Magistrate during the course of the day today. Mr. Aggarwala, on instructions, states that summons were issued to Mr. Sanjeev Pratap Singh for recording his statement under Section 108 of the Customs Act yesterday, and again today verbally. He states that after recording his statement, Mr. Sanjeev Pratap Singh has left the office of the DRI. Learned counsel for the petitioner has made a telephonic call and confirms that Mr. Sanjeev Pratap Singh has left the office of the DRI. Since Mr. Sanjeev Pratap Singh is now free to return to his home, this petition has become infructuous.

We may observe that there is a dispute as to whether, or not, Mr. Sanjeev Pratap Singh had been detained by the respondent/ DRI. However, we are not going into the same. The parties are left free to raise the said issue in appropriate proceedings.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J.

NAVIN CHAWLA, J.

FEBRUARY 03, 2018