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2019 (3) TMI 1980 - ANDHRA PRADESH HIGH COURTSeeking issuance of writ of habeas corpus - Seeking liberty of detenue - passing remand order invoking Section 267 Cr.P.C. - grievance of the petitioner is that the petitioner is involved in number of cases and that his remand is sought by the police on PT warrant without effecting his arrest and that the accused is being remanded on PT warrant, contrary to provisions of Section 267 Cr.P.C. - HELD THAT:- In the instant case though the petitioner was released on bail in crimes registered against him, the reason for he being kept in prison is not reflected in the material placed on record. On the other hand, the application filed before the Lower Court seeking recall of PT warrant show that to the knowledge of the petitioner he has not been arrested in any other crime and there was no remand under Section 167 Cr.P.C., meaning thereby that the petitioner was not aware or was not able to give a clear picture as to whether his arrest has been shown in any other crime - Since the prisoner was in remand as on the date of passing of the order by the Concerned Court, the Jail Authorities produced the alleged prisoner before the Court on the respective dates and having heard the matter, passed an order under Section 167 Cr.P.C. remanding him to judicial custody, which is being extended from time to time as required under Section 167 Cr.P.C. Unless that judicial order is set aside by the Competent Court, it is pleaded that the custody cannot be termed as legal. As seen from the record, the petitioner is involved in number of crimes relating to theft and illegal transportation of red sander logs cut in Simhachalam Forest. Though he was detained under preventive detention laws, his detention order was set aside on technical ground. Fact remains that he is shown as an accused in number of crimes in different police stations of the State. Steps are being taken for his production in almost all the police stations through PT warrant before the Concerned Courts. It is also to be noted here that if PT warrants are issued by different Courts for production of the alleged detenue before the respective Courts, then it would be practically impossible for the police to produce the prisoner before various Courts at various places on a particular date and eventually the order of the High Court could not be complied with. When the prisoner is detained pursuant to the judicial order passed by the Magistrate, one cannot term such detention, as illegal, as there is distinction between illegal custody and custody made in pursuance of the judicial orders. Unless judicial orders are set aside, the petitioner cannot be released holding his detention as illegal and improper - the issuance of writ of habeas corpus would not arise when remands are made pursuant to a judicial order. Petition dismissed.
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