Crl. W. P. No. 1658 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. W. P. No. 1658 of 2009 Date of decision:-8.2.2010 Dabbu ... Petitioner Versus State of Punjab & Ors. ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. P.S.Chauhan, Advocate, for the petitioners. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) Heard. This writ petition under Article 226 of the Constitution of Indis is for the issuance of a writ of habeas corpus directing the respondents to release the detenues named in Para No.5 thereof on the ground that they are in illegal custody and detention of respondents No. 4 to 7. This Court vide order dated 18.12.2009 directed the Deputy Commissioner, Ludhiana to constitute a team of senior officers comprising of Sub Divisional Magistrate, Ludhiana and depute them to reach the spot with adequate Police force and if the bonded labourers are found to be kept in the illegal custody, they shall be released forthwith. No such report was submitted by the Deputy Commissioner. Learned State counsel placed on record a letter written by Sub Divisional Magistrate, Raikot to the District Magistrate Ludhiana. An affidavit was filed by the petitioner challenging the correctness of the facts mentioned in the letter. Thereafter a notice was issued to Deputy Commissioner, Crl. W. P. No. 1658 of 2009 -2- Ludhiana to explain as to why the proceedings be not initiated against him for not complying with the order dated 18.12.2009. Simultaneously a Warrant Officer was appointed for conducting a raid on the brick kiln in order to determining the persons named in Para No.5 of the petition were in illegal custody and, if so, to get them released forthwith. The Deputy Commissioner has submitted his affidavit in which he deposed that a Committee was constituted by him as per orders of this Court and that the said Committee did not find any person kept as bonded labourer and that it was disclosed by some of the alleged detenues that they frequently move in the village and the surrounding areas. Even the Warrant Officer, in his report, has stated that no such detenue was found in the brick kiln and they were found in the residences of workers, who were moving out freely at their own will. It is very much apparent that there was no such detenue being illegally detained by respondents No. 5 to 7. The petition appears to be motivated and is thus dismissed with a cost of Rs.10,000/-, which shall be deposited by the petitioner with the High Court Legal Services Committee within fifteen days. If the costs are not deposited within a stipulated period the case be shown in the cause list for that very purpose. February 8, 2010 (Gurdev Singh) tripti Judge