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P. SAM KOSHY, N. TUKARAMJI
T. Ramadevi – Appellant
Versus
State of Telangana, rep. by its Principal Secretary – Respondent
ORDER
P. Sam Koshy, J.—Heard Mr. Yemmiganur Soma Srinath Reddy, learned counsel for the petitioner and Mr. Swaroop Oorilla, learned Special Government Pleader, appearing on behalf of the learned Advocate General, for the respondents.
2. The present is a second writ petition seeking for issuance of a Writ of Habeas Corpus by the same petitioner, and by way of the present writ petition the petitioner herein seeks for production of the four detenus viz., Thallapally Srinivas Goud,Thallapally Sai Sharath, Thallapally Sai Rohith and Palavalasa Siva Saran. This writ petition has been filed substantially on two questions of law, which are:-
a) Whether the period of apprehension by the police authorities before the official arrest being shown is also to be considered for the purpose of fulfilling the requirement of producing the so-called apprehended person before the Judicial Magistrate within 24 hours?
b) Whether an accused under the Telangana Protection of Depositors of Financial Establishments Act, 1996 (for short ‘TSPDFE Act’) can be produced for the first remand before the nearest Judicial Magistrate or he needs to be presented only before the concerned notified Special Court?
3.
Habeas Corpus Petition – Every person who is arrested and detained in custody shall be produced before nearest Judicial Magistrate within 24 hours of such arrest and detention with exceptions carved ....
The period of apprehension must be included in the 24-hour limit for producing an arrested person before a magistrate, ensuring compliance with constitutional rights.
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
Detention is unlawful if not presented before the nearest Magistrate within 24 hours of arrest, but subsequent valid remands under different provisions can negate initial illegalities.
Failure to produce arrested individuals before the nearest Magistrate within 24 hours constitutes illegal detention, impacting subsequent remand validity.
Arrest must be recognized from when an individual's liberty is restrained, and failure to produce before a magistrate within 24 hours constitutes illegal detention under constitutional provisions.
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