Criminal Writ Petition No. 2354 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Writ Petition No. 2354 of 2011 Date of Decision: 8.11.2011 Suresh Kumar Sethi …Petitioner Versus Director, Investigation of Revenue, Ludhiana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Liaqat Ali, Advocate for the petitioner. Mr. D.D. Sharma, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus, for production of the detenues, namely Anil Kumar Sethi, brother and Gulshan, driver of the petitioner, who are stated to have been unlawfully detained by the respondent. Today, Mr. D.D. Sharma, Advocate, appearing for the respondent, has filed reply by way of affidavit of Roopesh Kumar, Intelligence Officer, Directorate of Revenue Intelligence (RU), Ludhiana. The same is taken on record. It is stated therein that on 29.10.2011 summons were issued to Anil Kumar and Gulshan Kumar under Section 67 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), to cause appearance in the office of Criminal Writ Petition No. 2354 of 2011 2 Directorate of Revenue Intelligence. In pursuance thereof, both of them had caused appearance before the said office on 30.10.011 and their statements were recorded under Section 67 of the Act. Thereafter, on their request to continue their statements on the next working day, fresh notices were issued to them for 31.10.2011. Finally, it is stated that Anil Kumar was arrested and was produced before the Court of Judicial Magistrate Ist Class, Paonta Sahib, who remanded him to judicial custody. Mr. Liaqat Ali, Advocate, counsel for the petitioner, has doubted the date of arrest and has submitted that Anil Kumar was arrested on 29.10.2011, whereas Mr. D.D. Sharma, Advocate, appearing for the respondent, has controverted this fact by stating that Anil Kumar was arrested on 31.10.2011 at 8.00 P.M. It is an admitted case of the parties that Gulshan Kumar was not arrested and was released after he had joined the investigation. So far as detention of Anil Kumar is concerned, as on today, he is in lawful custody under the orders passed by the Court of competent jurisdiction. So far as his date of arrest is concerned, it is a disputed question of fact which will be determined during the course of trial. Hence, no further orders are called for and the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 8, 2011 “DK”