Rahul v. State Of Punjab And ORS

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 24.07.2025 Rahul . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rahul Dev Singh, Advocate for the petitioner(s).

Mr. Bareen Pratap Singh, AAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

In the present Habeas Corpus petition, on 14.07.2025, following order was passed:- "1.

Petitioner - Rahul, has filed instant petition for issuance of a writ in the nature of Habeas Corpus for releasing of detenue 'Piyush', from the illegal detention of respondent No.2 and 3 - Senior Superintendent of Police, Khanna, and Deputy Superintendent of Police (DSP), CIA Staff, City - 2, Khanna, District Ludhiana. 2.

Learned counsel for the petitioner submits that petitioner is the maternal uncle of the detenue, namely Piyush, who used to work with the petitioner in his shop of cook food and grocery items in Kharar. One of the friends of Piyush, namely Sukhman, was arrested by the CIS Staff, City - 2, Khanna, on 01.07.2025. Thereafter, on 13.07.2025, at about 2.00 P.M., four unidentified individuals, i.e. 3 men and 1 woman came to the shop of the petitioner and asked about the whereabouts of Piyush and wife of Sukhman. The said persons seized Ipad of Piyush and subsequently, one senior police officer who was in uniform, arrived at the spot and without preparing any arrest memo etc., took away along with them Piyush, wife of Sukhman, ipad of Piyush and one CCTV DVR from the shop forcibly.

- 2 - It has further been pleaded that till date, the whereabouts of detenue - Piyush are not known. Thus, prays for appointing warrant officer to visit the place(s) of detention of the detenue - Piyush, and to get him released from the illegal detention of the police. 3.

Notice of motion for 24.07.2025.

4.

In the meantime, Registry of this Court is directed to appoint a Warrant Officer on payment of usual charges, who will visit the places of detention of the alleged detenue, as disclosed by the petitioner, and if found in illegal detention then to get him released immediately after recording his statement.

5.

The Warrant Officer shall submit his detailed report in that regard on or before the date fixed by this Court, for further course of action."

2.

In pursuance to the order dated 14.07.2025, warrant officer was appointed by this Court, and further, in compliance thereto, report dated 15.07.2025 has been submitted before this Court in a sealed cover, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place in the case file.

3.

Said report has been opened by the Court Secretary and same is perused in Court today.

4.

As per status report, there was an FIR No.0114, dated 01.07.2025, u/s 22 NDPS Act, 1985, registered at P.S. City-2, Khanna, and detenue was arrested in the said FIR vide GD No. 29, dated 13.07.2025 at 21:41 hours. Arrest information, i.e., GD No.012, dated 13.07.2025, at P.S. City Kharar (SAS Nagar) was also handed-over. The report of the warrant officer discloses that detenue 'Piyush' and Ridhi Chaudhary appears to have been arrested from Kharar and both above-said persons were produced in the Court of Ld. SDJM, Khanna on 14.07.2025, where they were subjected to police remand for one day.

5.

In view thereof, there is nothing left in the present petition to

- 3 - decide. Accordingly, as per the facts & circumstances mentioned hereinabove, and keeping in view the report dated 15.07.2025, submitted by Warrant Officer, present petition stands disposed of, as no cause of action is survived further.

However, it will be open for the petitioner to take recourse to the legal remedies, as are available to him, under the law. 6.

At this stage, learned counsel for the petitioner submits that, as per his information, nothing has been found against the detenue and, in all likelihood, a discharge application may be moved in his favour. If that be so, it is expected that the Investigating Agency shall take the necessary steps expeditiously, in accordance with law.

(SANJAY VASHISTH) JUDGE July 24, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No