In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus as she claimed that her husband was kept in illegal custody and could be framed in some cases.
Brief Facts of the Case
The petitioner, Geeta reached the court, evoking a writ petition of habeas corpus. According to the petitioner, her husband was picked up by four policemen without stating any reason. She claimed that three of the four policemen were not even in their uniforms but in civil clothing. Further, the policemen did not disclose the address and location of her husband either. The petitioner got afraid that his husband would get falsely accused and would be implemented in any case by the police. Therefore, she reached the court with the petition.
Arguments Made by the Petitioner
The petitioner demanded to know the whereabouts of her husband and suspected the police of deliberately framing her husband in some cases.
Arguments Made by the Respondent
The public prosecutor stated that the Special Task Force received secret information and according to it NDPS products were being carried by the respondents along with other co-accused. Based on the information, a Naka was laid, and there the petitioner’s husband, Kuldeep Singh was apprehended. It was stated that Kuldeep was caught with a conscious possession of 300 grams of heroin. Subsequently, an FIR was filed and Kuldeep was charged with sections of the NDPS act. Further, he was kept in three days of police remand and then was sent to another jail.
Court’s Observation
The Court observed that the petitioner’s husband was arrested based on an FIR that was filed after the petition was caught with heroin.
Judgment
The Court based on the aforesaid observations held that Kuldeep was not kept in illegal custody and thus, the writ petition was disposed of.
Click here to see the full judgment.
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