ORDER : Thirty-six persons claiming that they are in illegal detention have filed this Writ Petition (Criminal) for a writ of habeas corpus on the ground that operation of the Indian Penal Code, 1860 has not been extended to the Scheduled Areas of the State of Jharkhand by a Notification or making a Regulation by the Governor and while so they cannot be said to have committed any offence under the Indian Penal Code. 2. On such a ground, the petitioners have made two-fold prayers viz. (i) quashing of the entire criminal proceeding in Sessions Trial No. 07 of 2023 arising out of Latehar PS Case No. 251 of 2022 and (ii) payment of compensation to the tune of Rs.12 Crores to each of the petitioners. 3. The petitioners have pleaded that on the basis of a written report by the Latehar Circle Officer a First Information Report vide Latehar PS Case No. 251 of 2022 was lodged on 10th October 2022 against about 500 persons including the petitioners. They have further pleaded that the petitioner nos. 1 to 29 were unlawfully detained on 11th October 2022, petitioner nos. 30 and 31 on 2nd November 2022; petitioner nos. 32 to 34 on 28th November 2022 whereas the petitioner no. 35 was detained on 30th November 2022 and the petitioner no.36 on 15th November 2022. 4. With reference to the judgment in “Ram Kirpal Bhagat & Ors. v. State of Bihar” (1969) 3 SCC 471 , the learned counsel for the petitioners would submit that since the provisions of the Indian Penal Code are not made applicable in the Scheduled Areas of the district of Latehar the detention of the petitioners must be held illegal and consequent thereto a direction may be issued to the respondents for their release forthwith. 5. In “Ram Kirpal Bhagat”, the issue was whether the Land Customs Act, 1924 was made operative in the Santhal Parganas on the date of occurrence. In that context, the Hon'ble Supreme Court has held as under: “24. The question which next arises for consideration is whether the Land Customs Act, 1924 applied on the relevant date of occurrence namely 13 December, 1961 to the Santhal Parganas. The Land Customs Act was enacted in the year 1924 and it was not declared to apply to the Santhal Parganas. The question which next arises for consideration is whether the Land Customs Act, 1924 applied on the relevant date of occurrence namely 13 December, 1961 to the Santhal Parganas. The Land Customs Act was enacted in the year 1924 and it was not declared to apply to the Santhal Parganas. Prior to the Constitution the Central Acts or Federal Acts or Acts of the Dominion Legislature did not apply to an excluded or a partially excluded area unless they were declared by the Governor to apply to those areas. After the enactment of the Constitution, Article 244 and the Fifth Schedule deal with excluded or partially excluded areas. 25. It was contended on behalf of the State that after the enactment of the Constitution the Land Customs Act, 1924 became applicable to excluded or partially excluded areas because first it was an existing law and secondly the restriction under Section 92 of the Government of India Act, 1935 which required a specific declaration of the Governor to apply any legislation to the areas in question was no longer operative. Article 372(1) of the Constitution enacts that the law in force in the territory of India immediately before the commencement of the Constitution is to continue in force until altered or repealed or amended by a competent legislature or other competent authority. Explanation I to Article 372 is that law in force in the Article shall include a law passed or made by the legislature or other competent authority in the territory of India before the commencement of the Constitution notwithstanding that it or parts of it may not be then in operation either at all or in particular area or areas. The contention on behalf of the respondent that the Land Customs Act, 1924 would apply to the Santhal Parganas on the ground that it is an existing law is not acceptable. Article 372 in clause (1) thereof enacts that subject to the other provisions of this Constitution all the laws in force in the territory of India shall continue in force. The Fifth Schedule to the Constitution relates to excluded or partially excluded areas. The existing law in relation to the excluded areas is saved by Article 372 and Explanation I thereto in spite of operation of such laws in particular areas. The Fifth Schedule to the Constitution relates to excluded or partially excluded areas. The existing law in relation to the excluded areas is saved by Article 372 and Explanation I thereto in spite of operation of such laws in particular areas. Similarly, other laws which were applicable to territories other than the excluded or partially excluded areas are saved by Article 372, Explanation I. Therefore, laws which were existing law in territories other than excluded or partially excluded areas would not be existing law under Article 372 in relation to excluded or partially excluded areas. Nor would existing law for the rest of India be existing law to area in question within the meaning of para 5 in the Fifth Schedule to the Constitution. The Land Customs Act, 1924 cannot therefore be said to apply to Santhal Parganas as an existing law. 26. The present day sources of law making in the Santhal Parganas which are included in the Scheduled Areas are Article 244 and the provisions in the Fifth Schedule to the Constitution. Clause 5 of the Fifth Schedule has two sub-clauses. Under sub-clause (1) the Governor is empowered notwithstanding anything in the Constitution to direct that any particular Act of Parliament or of the legislature of the State shall not apply to a Scheduled Area or shall apply to a Scheduled Area subject to such exceptions and modifications as the Governor may specify in the notification. Sub-clause (1) of clause 5 of the Fifth Schedule to the Constitution speaks of Acts of Parliament or of the legislature of the State and therefore Central Acts or Provincial Acts prior to the Constitution are not contemplated within sub-clause (1) of clause 5. Sub-clause (2) of clause 5 of the Fifth Schedule confers power on the Governor to make regulations for the peace and good government of any area in a State which is a Scheduled Area. Under sub-clause (2) the Governor has power to make laws which will include the power to apply to Scheduled Areas Central laws or Provincial laws enacted prior to the Constitution. 27. Prior to the Constitution Section 92 of the Government of India Act, 1935 conferred power on the Governor to make regulations for excluded and partially excluded areas which included the Santhal Parganas. 27. Prior to the Constitution Section 92 of the Government of India Act, 1935 conferred power on the Governor to make regulations for excluded and partially excluded areas which included the Santhal Parganas. In making such regulation the Governor could repeal or amend any Central law or any Provincial Acts and the regulations were to be submitted to the Governor-General for assent. The Central or the Provincial Acts under sub-section (1) of Section 92 of the Government of India Act, 1935 however were not applied to excluded and partially excluded areas unless the Governor so directed. 28. Prior to the Government of India Act, 1935 the Governor-General-in-Council in 1872 promulgated the regulation known as “Santhal Parganas Settlement Regulation” and Section 3 of the said Regulation provided the enactments specified in the Schedule thereto which would be in force in the Santhal Parganas. Section 3(2) of the Santhal Parganas Settlement Regulation of 1872 in so far as it seeks to affect future legislation would not have any force after 26 January, 1950. 29. In this background it appears that the Sea Customs Act, 1878 and the Land Customs Act, 1924 were not made applicable to Santhal Parganas either under the Santhal Parganas Settlement Regulation of 1872 or under any notification issued under Section 92 of the Government of India Act, 1935. Neither the Sea Customs Act, 1878 nor the Land Customs Act, 1924 has been specifically made applicable to the Santhal Parganas by any notification under sub-clause (2) of clause 5 of the Fifth Schedule. The Bihar Scheduled Laws Regulation being Regulation I of 1951 which was promulgated under sub-clause (2) of clause 5 of the Fifth Schedule for the purpose of applying certain laws to Santhal Parganas however made the Imports and Exports (Control) Act, 1947 and the Imports and Exports (Amendment) Act, 1949 applicable to Santhal Parganas. 30. We have already stated as to how the Sea Customs Act is made applicable to Santhal Parganas by reason of the provisions contained in the Imports and Exports (Control) Act, 1947. Though the Land Customs Act, 1924 does not apply to Santhal Parganas we have indicated hereinafter as to how because of the application of Section 6 of the Sea Customs Act, Officers of Land Customs appointed under the Land Customs Act are treated as Customs Officers having jurisdiction in the Santhal Parganas. 31. Though the Land Customs Act, 1924 does not apply to Santhal Parganas we have indicated hereinafter as to how because of the application of Section 6 of the Sea Customs Act, Officers of Land Customs appointed under the Land Customs Act are treated as Customs Officers having jurisdiction in the Santhal Parganas. 31. The Central Excise and Salt Act, 1944 was however made applicable to the Santhal Parganas by a notification, dated 14 September, 1944 but the application of that Act is not in issue in the present appeal. One of the questions in the present appeal was whether the Indian Tariff Act, 1934 applied to the Santhal Parganas. The articles which were seized in the present appeal viz. cloves were dutiable articles being Item 9(3) in column 3 in the First Schedule to the Indian Tariff Act, 1934. We have already indicated as to how by reason of operation of Section 3 of the Imports and Exports (Control) Act, 1947 cloves became an article the import or export of which was prohibited under Section 19 of the Sea Customs Act. No notification of application of the Indian Tariff Act, 1934 to the Santhal Parganas was shown to the High Court. It will appear in Vol. 7, p. 5792 of the Bihar Local Acts (1793 to 1963) published by Bharat Law House, Allahabad in the year 1966 that the Indian Tariff Act, 1894 is found to be one of the Acts mentioned in the Schedule to the Santhal Parganas Settlement Regulation, 1872 and the Indian Tariff Act, 1894 which was repealed by the Indian Tariff Act, 1934 was similarly declared to be in force in the Santhal Parganas.” 6. Article 244 of the Constitution of India which deals with the administration of Scheduled Areas and Tribal Areas provides that Fifth Schedule to the Constitution shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the State of Assam, Meghalaya, Tripura and Mizoram which are administered under the provisions of Sixth Schedule. Under the Scheduled Areas (Part A States) Order 1950 issued on 26th January 1950, few districts/divisions including the district of Latehar were declared Scheduled Areas. Subsequently, through different Presidential Orders issued in 1977, 2002 and 2007 some modifications were made in the Presidential Orders of 1950. Mrs. Vandana Singh, the learned Sr. Under the Scheduled Areas (Part A States) Order 1950 issued on 26th January 1950, few districts/divisions including the district of Latehar were declared Scheduled Areas. Subsequently, through different Presidential Orders issued in 1977, 2002 and 2007 some modifications were made in the Presidential Orders of 1950. Mrs. Vandana Singh, the learned Sr. SC-III has brought to our notice that under the Scheduled Areas (State of Jharkhand) Order, 2007 which was issued vide Notification dated 11th April 2007 the districts of Ranchi, Lohardaga, Gumla, Simdega, Latehar, East Singhbhum, West-Singhbhum, Seraikela-Kharsawan, Sahebganj, Dumka, Pakur, Jamtara and parts of the districts of Palamau, Garhwa and Godda have been declared Scheduled Areas. 7. Prior to the Constitution, the excluded areas were dealt with under sections 91 and 92 of the Government of India Act, 1935 to the effect that the excluded and partially excluded areas were those areas declared so by the order of the Governor-in-Council. The laws made by the Federal Legislature or the Provincial Legislature were not to apply to an excluded or a partially excluded areas unless the Governor by an order or public Notification so directed. 8. After the Constitution, the laws in force are to continue until altered or repealed or amended by a competent Legislature. This is common knowledge that the Indian Penal Code was originally passed in British Parliament and after 15th August 1947 this Code and other enactments were made in force in India by virtue of an order passed by the Governor-General in exercise of the powers conferred by sections 9 and 18 of the Indian Independence Act, 1947. 9. While so, finding no merit in this writ petition W.P.(Cr.) No. 93 of 2023 is dismissed.