In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Writ Petition No.1563 of 2009 ..... Date of decision:21.12.2009 Om Parkash .....Petitioner v. State of Punjab and others .....Respondents .... Present: None for the petitioner. Mr. P.S. Grewal, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. The present petition has been filed for issuance of a writ in the nature of habeas corpus. It is submitted that the persons in para 6 of the petition are under illegal detention of respondent No.5 who is the owner of MBW Brick Kiln situated at Village Majri Jattan, Police Station Sadar, Ropar. It is alleged that respondent No.5 has violated the mandatory provisions of Bonded Labourer System (Abolition) Act, 1976 and the persons mentioned in para 6 of the petition are being forcibly and illegally detained by respondent No.5 with the help of his `Gundas' and musclemen. The detenus are not being allowed to move out of the premises of the brick kiln. Notice of motion was issued on 4.12.2009 for today and the Deputy Commissioner/District Magistrate, Rupnagar (respondent No.2) was asked to either himself visit or depute a responsible officer to visit the brick kiln situated at Village Majri Jattan, Police Station Sadar, Rupnagar and Cr.W.P. No.1563 of 2009 [2] ascertain whether the persons mentioned in para 6 of the petition are in illegal detention. Respondent No.5 was ordered to be served by way of dasti process. Office has reported that counsel for the petitioner has not turned up to collect the dasti notice. Copy of the order dated 4.12.2009 was given to the learned State counsel for necessary compliance. Learned counsel for the State has submitted affidavit of Shri Priyank Bharti, IAS, District Magistrate, Rupnagar, who has stated that the Tehsildar-cum-Executive Magistrate, Rupnagar in his report dated 17.12.2009 (Annexure-R.1) has reported that the present is not a case of bonded labour or illegal detention of any detenu. In terms of the report all persons mentioned in the writ petition were taken from the brick kiln and dropped at the Railway Station, Rupnagar as per their wish. A perusal of the report dated 17.12.2009 (Annexure-R.1) as prepared by the Tehsildar- cum-Executive Magistrate, Rupnagar shows that at the time of visit of the Executive Magistrate all persons mentioned in para 6 of the writ petition, which comprises of four families including minor children were found living in open semi pucca huts. They were moving freely there. No muscleman was there as alleged in the writ petition. From the joint statement got recorded by the labourers before the Executive Magistrate and the circumstantial evidence gathered at the spot, no case of bonded labour was made out. Besides, as desired by the labourers, they were taken in a trolley and dropped at Railway Station Rupnagar at 5.10 p.m. under the supervision of Police Party headed by Khairati Lal, ASI, Sadar Police Station, Rupnagar. Each family was given Rs.500/- by the Munshi of MBW Cr.W.P. No.1563 of 2009 [3] Brick Kiln as journey expenses after taking receipt from them. In view of the above nothing survives in the present petition and the same is accordingly dismissed as infructuous. December 21, 2009. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:Yes/No