Police must justify arrests under Section 41 CrPC, ensuring compliance with legal standards to protect individual rights.

JUDGMENT :

(Revati Mohite Dere, J.) :

1. Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives notice on behalf of the respondent No.1–State. Mr. Kamat, waives notice on behalf of the respondent No.2.

3. By this petition, the petitioner seeks a direction to take legal action against the concerned persons responsible for his illegal arrest and detention. The petitioner also seeks compensation of Rs.50 crores for his illegal arrest and for violation of his right under Article 21 of the Constitution of India. Direction is also sought to recover the said compensation from the respondents.

4. Mr. Satpute, learned counsel for the petitioner submitted that the petitioner was illegally arrested and detained in connection with C.R. No.22 of 2019, registered with the R.C.F. Police Station, Mumbai, for the alleged offences punishable under Sections 135 and 150 of the Indian Electricity Act, despite the petitioner having paid the electricity charges alongwith compounding charges to the respondent No.2-Adani Electricity, prior to his arrest. He submitted that because of the said arrest, the petitioner suffered mental agony and social stigma. Mr. Satpute submitted that the petitioner could not have been arrested merely because he had not supplied receipts of payment, more particularly when it was disclosed to the police that payments were made to Adani Electricity. It is further submitted that it was also incumbent on the police to have verified payment of the electricity charges from the complainant i.e. Adani Electricity, before taking any action against the petitioner.

5. Learned APP opposed the petition. Learned APP has filed an affidavit of Mr. Pandit Ramsing Pawar, Assistant Police Inspector, presently attached to Kanjurmarg Police Station, Mumbai, dated 16th April 2024. Ms. Shinde, learned APP submitted that during the course of investigation, the concerned investigating officer had served a notice under Section 41-A of the Code of Criminal Procedure ('Cr.PC') on the petitioner on 16th February 2019, which notice was accepted by the petitioner’s wife by affixing her signature thereon. Learned APP further submitted that the petitioner failed to attend the R.C.F. Police Station, and instead gave a reply dated 18th February 2019 to the notice dated 16th February 2019, that he is ready to pay the charges of Adani Electricity. She submitted that again the police issued a notice under Section 41-A of Cr.PC on 22nd January 2020, in order to verify whether the petitioner had deposited the due amount. She submitted that the petitioner informed the investigating officer that he will produce the relevant documents, however, failed to produce the same, pursuant to which, the petitioner was arrested on 29th January 2020. She submitted that at the time of the arrest, the petitioner was served notice under Section 41(1)(b)(ii) of Cr.PC informing him the reasons for arrest. According to the learned APP, the petitioner was arrested on 29th January 2020 at 9:20 a.m. and was produced on the very same day before the learned Special Sessions Court No.58, Mumbai, pursuant to which he was granted one day police custody for further investigation. She submitted that as the petitioner did not co-operate with the investigating agency, despite two notices under Section 41-A of Cr.PC being served on the petitioner and as the petitioner did not produce documents, evidencing payment made to Adani Electricity, he was arrested. Mr. Pandit Pawar has in his affidavit stated that not only the petitioner but even the Adani Electricity authority did not submit the compounding letter to the police, despite being asked to do so.

6. Perused the papers. According to the First Informant- Anand Ashok Bhosale, Senior Manager of Adani Electricity, Mumbai, an inspection was conducted under the orders of the superior, under Section 135 of the Electricity Act on 15th Decem