MANISH PITALE
Ugochukwu Solomon Ubabuko – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manish Pitale, J. - The Applicant claims violation of rights under Articles 21 and 22(2) of the Constitution of India and, on this basis, he claims that his detention stood vitiated and rendered illegal. This is the sole ground raised on his behalf for grant of bail.
2. The Applicant is a Nigerian National and he is facing prosecution for offences punishable under Sections 8(c), 20(b), 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). The Applicant claims that even as per the documents of the Respondent no.1-Narcotic Control Bureau, he stood detained from 6.25 p.m. on 07.03.2021 and he was eventually produced before the Magistrate on 09.03.2021 in the morning at about 10.00 a.m., thereby showing that his right under Article 22(2) of the Constitution stood violated. As per the said Article of the Constitution, every person who is arrested and detained in custody, has to be produced before the nearest Magistrate within a period of 24 hours. It is contended that the said right of the Applicant was violated, thereby showing that his liberty was curtailed without adhering to procedure established by law and that, therefore, his right under Artic
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