Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.

JUDGMENT :

1. The Writ Petition is filed by the relative and next kin, being the cousin brother of Safvan Abdul Rauf Patel and Afnan Abdul Rauf Patel, who are arraigned as Accused Nos.2 and 3 in F.I.R.No.0274 of 2025 and arrested by Taloja Police Station.

The Petition seek a direction to the Superintendent of Taloja Central Prison to produce them before the Court, either physically or through video conferencing.

A declaration is also sought that their continued detention in Taloja Central Prison is illegal, arbitrary and in violation of Section 187 of the Bhartiya Nagarika Suraksha Sanhita, 2023 (for short, “BNSS”) as well as Article 21 of the Constitution of India.

2. Pleadings in the Petition being complete, we have taken up the same for hearing at the stage of admission, and, hence, we issue ‘Rule’, which is made returnable forthwith.

3. We have heard learned Advocate Ms.Payoshi Roy with Ms.Palak Dubey for the Petitioner and learned Additional Public Prosecutor, Mr.Tanveer Khan for the State.

4. F.I.R.No.274 of 2025 is registered with Taloja Police Station on 08/08/2025 on the complaint filed by one Ammar Harun Madar, with four persons being named as accused alongwith one unknown person. The Complainant alleged that on 08/08/2025 at around 14.50 hours, four named accused persons alongwith 8 to 10 unknown persons, in order to revenge the act of CIDCO in removing the encroachment of motor mechanic garage on a complaint filed by the Sayyed family, mounted assault with means of knife, iron and wooden rods, with an intention to kill. When the Complainant went to the rescue of the injured persons, even he was assaulted and the assailants questioned their act of removing the garage through CIDCO.

The accusation resulted in invocation of Sections 109, 118(1), 189(1), 189(2), 191(3), 190, 352, 351(2) of BNSS and Sections 37(1) and 135 of the Maharashtra Police Act, 1951.

5. The persons on whose behalf the present proceedings are filed, were arraigned as Accused No.2-Safnan and Accused No.3-Afnan and both were arrested on 09/08/2025 at 16.41 hours.

Pursuant to the production before JMFC, Panvel Court, Panvel, they were remanded to police custody on finding substance in the application seeking remand by the police, for the purposes of investigation.

6. In the subject C.R, Accused No.1 was arrested on 08/08/2025 and produced before the JMFC, Panvel Court, Panvel on 09/08/2025, who granted his Police Custody Remand (PCR) till 14/08/2025. As far as Accused Nos.2 and 3 are concerned, they were arrested on 09/08/2025 and produced before the JMFC, Panvel Court, Panvel on 10/08/2025 and they were remanded in PCR till 14/08/2025. All the three Accused were produced before the JMFC, Panvel on 14/08/2025 and the PCR was extended till 18/08/2025, which was further extended by one day.

According to the Petitioner, the Magistrate remanded Accused Nos.1 to 3 to Magisterial Custody Remand (MCR) till 01/09/2025, but it is the specific contention advanced on behalf of the Petitoner that thereafter, there is no order passed by the Magistrate, extending the remand of Accused Nos.2 and 3. It is also specifically pleaded that they were not produced physically or through video conferencing before the Magistrate, which is gross violation of Article 21 of the Constitution of India and as a result, the accused continue to be incarcerated in Taloja Central Prison from 01/09/2025, without their remand being extended.

7. The Petitioner, a close relative of the accused, through an Advocate obtained certified copies of all the remand applications and the corresponding orders to find that there is no order extending the Mag