WP(C) 2102/2008 BEFORE HON’BLE MR JUSTICE UJJAL BHUYAN AND HON’BLE MR JUSTICE PARAN KUMAR PHUKAN (Ujjal Bhuyan, J) Heard Mr M H Ahmed, learned counsel for the petitioner and Mr G Pegu, le arned Government Advocate, Assam. 2. Mr Ahmed submits that today, he does not have the brief as the chamber-b rief is not traceable. 3. We notice that this appeal is of the year 2009. On 26.04.2013, the follo wing order was passed:- It appears from the office note dated 14.03.2013 that pursuant to the requisiti on send by the Registry, the Foreigners Tribunal(2nd), Barpeta has informed the Registry that the records of F.T.(2nd) Case No.139/2006 had already been sent to the office of the Sr. Govt. Advocate, Assam on 21.06.2008 and as such the said record is not available with the Tribunal but lying with the office of the Sr. G ovt. Advocate, Assam. Mr. Chetri, learned Sr. Govt. Advocate, Assam prays for some time to verify the same and produce the records before the Registry of this Court. Prayer is allowed. It appears from the materials available on record that the order dated 0 1.03.2013 passed by this Court was communicated to the office of the Superintend ent of Police(B), Barpeta by fax on 04.03.2013 at 3.57 P.M., as directed by the aforesaid order. By the said order the Superintendent of Police(B), Barpeta was directed to apprise this Court as to whether the appellant has been apprehended and in custody. The Superintendent of Police(B) has so far neither file any affi davit nor furnish any instruction to the learned Sr. Govt. Advocate Mr. Chetri. In view of the above, the Superintendent of Police(B), Barpeta is once again dir ected to apprise this Court by way of an affidavit as to whether the appellant h as been apprehended and in custody. List the case for hearing before the next available Division Bench. 4. Nobody is able to tell us as to whether the appellant has been taken int o custody by the Police following his declaration as an illegal migrant and rega rding receipt of LCR. However, there is a document dated 18.05.2013, written by the Superintendent of Police (B), Barpeta, addressed to Sri Bimal Chetri, Senior Government Advocate, Gauhati High Court, stating that case record was transmitt ed to his office. 5. Be that as it may, we grant last chance to the learned counsel for the p arties and irrespective of whether the record is received or not, case will be taken up on 09.03.2017. 6. List accordingly.