148. Writ remedial, not punitive.

The writ of habeas corpus for release is a writ of a remedial nature and is not to be used as an instrument of punishment of one who has wrongfully detained or parted with the custody of another1. It is inapplicable if the illegal detention has ceased before the application for the writ is made2. When it is clear that the person charged with unlawfully detaining another, whether a child or an adult, has de facto ceased to have any custody or control, the writ ought not to issue