MC 1746/2008 BEFORE THE HON’BLE JUSTICE MR B.K. SHARMA Heard Mr. M. Bhagawati, learned CGC. As per the written instruction furn ished to him by the BSF authorities, prays for time till after vacation to file an affidavit. On the other hand, Mr. B.J. Ghosh, learned State Counsel, submits that he has not been furnished with the latest status report in respect of the d eclared foreigners who have done the act of vanishing. Mr. D.P. Chaliha, learned senior counsel for the petitioner in WP(C) 214 7/09, submits that the petitioner has already been arrested on 22.9.2011. In thi s connection, he has produced the Arrest Memo issued by the Officer-in-charge, D hubri PS, Dhubri, Assam. In this particular case, the petitioner was to surrender before the Seni or Superintendent of Police(B), Guwahati City latest by 12.6.2009. It was on tha t condition, an interim order was passed staying the deportation from India purs uant to the Quit India Notice dated 30.1.2009. However, as reflected in this pro ceeding, immediately thereafter the petitioner did the act of vanishing and insp ite of repeated orders and search made by the Police, he could not be apprehende d. Lastly, when the matter was taken up on 21.9.2011, it was submitted by the le arned counsel for the petitioner that the petitioner would appear in this Court on 23.9.2011 i.e. today. Today, when the matter is taken up, Mr. Chaliha, learned counsel for the petitioner has produced the aforementioned Arrest Memo which indicate arrest of the petitioner on 22.9.2011 at 1400 hrs. The Arrest memo is signed by the Offic er-in-charge, Dhubri PS. In view of the above, it is hereby provided that the petitioner should b e kept in detention camp and under no circumstances, shall be enlarged on bail. At this stage, Mr. Chaliha, learned counsel for the petitioner prays for 10(ten) days time to file an affidavit on behalf of the petitioner highlighting certain facts. He is permitted to do so. As to whether the petitioner is liable for contempt of Court Proceeding for viol ation of interim order of this Court by way of defying for the last 2 ‰ years, t he same shall be considered on the next date. List the matter on 2.11.2011. Let copies of this order be furnished to both Mr. M. Bhagawati, learned CGC as w ell as Mr. B.J. Ghosh, learned State Counsel. Photocopy of the Arrest Memo is kept on record.