1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 323 OF 2009 IN CRIMINAL WRIT PETITION NO. 2501 OF 2009 Ms. Nongawuza Pulma Caroline .. Applicant.. vs. Union of India & Ors. .. Respondents. Mr. Atul Sarpade for the Applicant.. Mr. D.J. Khambata, ASG., with Vijay Kanthari i/by Mandar Goswami for the Respondent No.1. Mr. A.S. Gadkari, APP., for Respondent State. Mr. Shirish Gupte, Sr. Adv., for Contemnor/Respondent. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 9TH DECEMBER, 2009 P.C. : This application has been filed by the petitioner who has 2 been subsequently tried for having committed offence under the provisions of the NDPS Act. It is the contention of the petitioner that she was illegally detained by the respondents from 1.9.2009 till 19..9.2009 i.e. for 19 days without any justification. It is stated that the petitioner has filed a writ petition before this Court seeking a writ of habeas corpus which came up before this Court on 18.1.2007 wherein the learned counsel for the petitioner made a statement : "That the detenu has not been detained by the respondents. She is admitted in Hospital. She is free to go anywhere. If she likes to go from the Hospital with the learned Counsel for the petitioner, the respondents will not object to it." and, therefore, this court disposed of the said petition. 2. It is contended that though a statement was made before this Court the detenue has not been has not been detained by the respondent. She was not allowed to leave the hospital and her remand was sought from the magistrate. In the given facts and circumstances we do not find that the respondents have committed any contempt much less an offence under section 345 of the IPC as contended. In so 3 far as the question of remand is concerned, there is no dispute over the fact that the petitioner has been arrested for offence under the NDPS Act and she is now lodged in Byculla Central Prison under orders of the Special Court which has remanded her custody for complicity in offence committed under NDPS Act. It will be open for the petitioner to apply to the concerned court for appropriate relief. The petition stands dismissed. The show cause notice issued to Ms. Nitee Punde on 8.10.2009 stands discharged. ( J. N. PATEL, J.) ( A. A. SAYED, J.)