1 2025:CGHC:14710-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 172 of 2025 Shiv Kumar Saini S/o Ram Singh Saini, Aged About 55 Years R/o House No. 25/729, Mahatma Gandhi Ward, Lodhipara Raipur, District- Raipur (C.G.) Present Address- Near Shiv Mandir, Village- Saini Majra, Out Post- Mathedi, Police Station - Nagal, District- Ambala (Haryana) Prisoner, Represented By His Maternal Uncle (Mama) Namely Baldev Singh S/o Puran Singh Saini, Aged About 63 Years, R/o 1, Sultanpur Shivpuri Colony, Ambala Nagar, Ambala City, District - Ambala (Haryana) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Excise Department, Mantralay, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur Chhattisgarh 2 - The Commissioner Excise Department, Gst Bhawan, Dhamtari Road, Tikrapara, Raipur, District- Raipur Chhattisgarh 3 - Collector Bilaspur, District- Bilaspur (C.G.) 4 - The Station House Officer Excise Circle- Bilha, District - Bilaspur (C.G.) ... Respondent(s) _________________________________________________________ For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondents/State : Mr. S.S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 27 .0 3 .202 5 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State-respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.28 10:24:39 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to allow the petition directing the learned court below to release the petitioner forthwith as he has been illegally arrested and sent behind the bar. 10.3 That, this Hon'ble Court may kindly be pleased to pass an order of Magistrate for sending the petitioner behind the bar under remand as there is violation of Article 21 and 22(1) of the Constitution of India. 10.4 That, this Hon'ble Court may kindly be pleased to pass an order whereby the police authorities / State may kindly be directed to pay the petitioner a sum of Rs. 5,00,000/- as compensation for mental harassment and illegal detention from 10.02.2025. 10.5 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner. 10.6 That the cost of the petition may kindly be awarded in favour of the petitioner.” 3. Learned counsel for the petitioner vehemently argued that it is a case of illegal detention as the petitioner’s family was not informed by the Police about grounds of his arrest in view of judgment passed by the Hon’ble Supreme Court in the case of D.K. Basu v. State of West 3 Bengal, reported in (1997) 1 SCC 416. He further submitted that the petitioner was also not presented before the remand Magistrate within 24 hours of his arrest. 4. On the other hand, learned State counsel opposed the aforesaid submission and submitted that the petitioner was found with large scale of liquor, which was being transported from Goa to Bhutan in a Container. Further the petitioner as on date is in jail and to say that he was presented before the remand Magistrate does not appears to be correct and he has also filed bail application being MCRC No. 1999 of 2025, which is pending before this Court. 5. Considering the aforesaid facts and circumstances of the case, particularly, the fact that the petitioner was found with large scale of liquor, which was being transported from Goa to Bhutan in a Container, due to which he was arrested and as on date, he is in jail and he has also filed bail application being MCRC No. 1999 of 2025, which is pending before this Court, we do not find any good ground for interference in the present matter. 6. Accordingly, the instant petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra