G.P. Mathur, J. - (1.) THIS habeas corpus petition has been filed under Article 226 of the Constitution praying that the Petitioner be set at liberty forthwith.
(2.) THE averments made in the petition and the supplementary affidavit reveal that a S.I. of P.S. Kotwali received information on 8.7.1999 that the Petitioner was standing near the Railway Bridge and he was having a substantial quantity of psychotropic substance in his possession. The Petitioner was apprehended at 14.10 hours and a search was made. The Petitioner was found to be keeping in his possession 4000 tablets of DIAZEPAM and also a country made pistol. The Petitioner was taken into custody and a FIR was lodged against him under Section 22 NDPS Act, which was registered as Case Crime No. 241 of 1999 at P.S. Kotwali. Another, case under Section 25 Arms Act being Case Crime No. 240 of 1999 was also registered against him. The Petitioner applied for bail but his bail application in Case Crime No. 241 of 1999 under Section 22, NDPS Act was rejected by the Special Judge (NDPS Act) Allahabad, on 27.7.1999. Thereafter, he filed Criminal Misc. Bail Application No. 11921 of 1999 in this Court which was rejected on 25.8.1999. We have heard Shri Shankar Saun, learned Counsel for the Petitioner, and learned A.G.A. for the State.
(3.) IT is not in dispute that a valid order of remand has been passed against the Petitioner and he is in judicial custody in pursuance thereof. As the Petitioner is in custody in pursuance of a valid judicial order, his detention in jail cannot be held to be unlawful or illegal in any manner. Therefore, there is no ground for issuing a writ of habeas corpus in favour of the Petitioner.;