SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Bom) 1372

MANISH PITALE
Ugochukwu Solomon Ubabuko – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
K. Pouleka, Advocate, Y. Kotkar, Advocate, Mahesh Amonkar, Advocate

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top