Writ of habeas corpus cannot be issued, where the detention is authorised by the order of a Court of competent jurisdiction: The Uttarakhand High court

the Uttarakhand high court passed a judgement on 19th April 2021 in the case Sharukh v. state of Uttarakhand and others (HABEAS CORPUS PETITION NO. 8 OF 2021) the case was presided over by THE HON’BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA


The Habeas Corpus Writ Petition has been filed by the petitioner seeking a writ of habeas corpus, directing the Senior Superintendent of Police, Haridwar, respondent No. 2, and the Station House Officer,    Police    Station-Kotwali        Roorkee,       District Haridwar, respondent No. 3, to produce the corpus of Sharukh, the petitioner, who has been illegally detained by the respondent Nos. 2 and 3, in Case Crime No. 787 of 2019, registered with Police Station-Kotwali Roorkee, District Haridwar, for the offences under Sections 8,22,60   of    the      Narcotic      Drugs      and   Psychotropic Substances Act, 1985.

Brief facts of the present case are that on 15.12.2019, at about 20:40 hours, one thousand illegal Buprenorphine injections, a commercial quantity, were recovered from the personal search of the petitioner, conducted in the presence of the Circle Officer of Police, a Gazetted Officer. The petitioner was arrested. After completion of investigation, a charge-sheet was filed against him.


The petitioner is in custody in pursuance of a judicial order passed by a Court of competent jurisdiction. Therefore, it cannot be said that the respondent Nos. 2 and 3 are having illegal custody of the petitioner. The legality, validity and correctness of the order    can     be   challenged    by   filing   appropriate proceedings. But it cannot be reviewed in a petition of habeas corpus. Even an illegal order of judicial remand cannot be termed as an illegal detention. Therefore, writ of habeas corpus cannot be issued, where the detention is authorised by the order of a Court of competent jurisdiction. In the light of the above discussions and in view of the law laid down by the Hon’ble Supreme Court in the aforesaid cases, we are of the considered view that the present petition seeking a writ of habeas corpus is without force. Therefore, the petition is liable to be dismissed at the admission stage. Consequently, the petition is dismissed.

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