Caught on camera with 2 dead blackbucks: Madhya Pradesh High Court rejects habeas corpus plea of poaching accused
The Madhya Pradesh High Court was hearing the plea of an accused who alleged that he was under illegal detention by the authorities.
The petitioner was found in a video clip with two dead blackbucks. Therefore, it cannot be said that he was detained illegally, the Madhya Pradesh High Court pointed out. (AI-generated image) Madhya Pradesh High Court news: The Madhya Pradesh High Court recently dismissed a habeas corpus plea filed by a man accused in a blackbuck and chinkara hunting case, observing that judicial custody cannot be termed “illegal detention” once bail has already been rejected, particularly where the accused was allegedly seen in a video clip with two dead blackbucks.
Justices Vijay Kumar Shukla and Alok Awasthi were hearing the plea of one Sabah Antulay, who sought a writ of habeas corpus alleging that he is under illegal detention by the authorities.
Justices Vijay Kumar Shukla and Alok Awasthi heard the matter on May 8.
“After the arrest, the petitioner filed an application which came to be dismissed vide order dated 06.02.2026. The said order reflects that the present petitioner was found in the video clip with two dead blackbucks. Therefore, it cannot be said that the petitioner is in illegal custody, as all the necessary measures have been followed. Hence, the present petition can never be said to be a habeas corpus petition,” the May 8 order of the Madhya Pradesh High Court read.
‘No illegal detention’
- The bench noted that the bail application of the petitioner had already been dismissed by the Madhya Pradesh High Court by an order dated February 26.
- It was then added that the present petition seeking a writ in the nature of habeas corpus is not permissible in the eyes of the law.
- The court held that no writ in the nature of habeas corpus can be issued.
- The Madhya Pradesh High Court also clarified that the petitioner should be at liberty to raise all the grounds before the trial court, as have been raised in the present petition.
- It referred to other Supreme Court judgments and found that since the petitioner was in judicial custody by virtue of an order passed by a judicial magistrate, it could not be held to be an illegal detention.
Held with 64 kg wild meat
- As per the prosecution, three persons, namely Salman, Imtiaz and Johar Hussain, were apprehended on December 3, 2024, and 64.70 kg meat of wild species, including that of blackbucks and chinkara, one country-made pistol with cartridges, mobile phones and a vehicle were found in their possession.
- The accused were arrested, and the case was registered on August 21, 2025. Thereafter, on a memorandum statement of these accused persons, the present petitioner was arrested on October 27, 2025.
- Subsequently, he moved an application for bail before the Madhya Pradesh High Court, but the same was dismissed by a February 26 order.
Grounds of arrest not informed
Appearing for the petitioner, advocate Ali Kaashif Khan Deshmukh argued that the petitioner had nothing to do with this crime. He emphasised that his client was arrested only based on those three persons from whose possession meat and other articles were recovered.
It was added that there was no recovery from the petitioner, and he had no nexus with the alleged offence. It was further submitted that the grounds of arrest were not informed to the petitioner, which is mandatory under the law.
On the contrary, additional advocate general Sonal Gupta argued that the present petition is not maintainable, and the arrest of the present petitioner cannot be termed an illegal arrest.
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