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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
In the matter of : Jeaul Sheikh @ Senaul – Appellant
Versus
. – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. BSF apprehended the petitioner of CRM (NDPS) 573 of 2025 Zanaul Seikh @ Senaul on 26.02.2025 at about 03.30 a.m. and petitioner of CRM (NDPS) 581 of 2025 Rakib Molla @ Molla was apprehended by BSF at about 7.40 p.m. on 20th April, 2025, with commercial quantity of codein phosphate cough syrup in their possession. It is alleged by counsel for petitioners in both the cases that both the accused persons were produced before the court after 24 hours of their confinement, violating mandate of the constitution as well as provisions of BNSS.
2. Petitioner of CRM (NDPS) 573 of 2025,was apprehended at 3.30 a.m. on 26.02.2025 but police registered case at 7.30 p.m. on the same day, when he was produced before police by BSF and the petitioner was produced before court at 10.30 a.m. on 27.02.2025. Similarly, in case of CRM (NDPS) 581 of 2025, petitioner was apprehended by BSF on 20.04.2025 at 19.40 hrs but FIR was registered on next date i.e. 21.04.2025 at 15.05 hrs and produced before court on 22.04.2025 at about 10.30 a.m.
3. Petitioners’ respective counsels argument is that petitioners’ were detained in custody for more than 24 hrs before they were produce
The court affirmed that the definition of arrest includes any situation where a person's liberty is restrained, and emphasized the constitutional and statutory obligation to produce an arrested perso....
The distinction between detention and formal arrest is crucial; detention during an investigation does not necessarily constitute an arrest unless it deprives the individual of liberty, affecting com....
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.
Detention of any person for enquiry whether amounts to arrest.
Detention beyond 24 hours without presentation to a magistrate violates fundamental rights, but travel time is excluded in determining legality of arrest.
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