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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Harsh Pal Singh Alias Rubal – Appellant
Versus
State (Nct Of Delhi) – Respondent
| Table of Content |
|---|
| 1. application for bail due to detention issues. (Para 1 , 2) |
| 2. arguments regarding the detention and notice served. (Para 3 , 4) |
| 3. consideration of legal violations related to detention. (Para 5 , 6 , 12) |
| 4. constitutional provisions on arrest and detention. (Para 7 , 8 , 9) |
| 5. conditions for granted bail. (Para 13 , 14 , 16) |
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. This appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (the MCOCA) has been filed on behalf of accused no. 7 (A7) in Crime No. 629/2024, Farsh Bazar, Police Station, aggrieved by the order dated 15.11.2025, as per which the trial court dismissed his application for bail. The appellant/accused, as per the aforesaid FIR, is alleged to have committed the offences punishable under various Sections 103 (1), 3(5), 249, 61(2), 303, 318, 336 and 341 of the Bharatiya Nyaya Sanhita, 2023; Sections 25 and 27 of the Arms Act, 1959 and Sections 3 and 4 of the MCOCA.
2. According to the appellant/A7, he was detained on the intervening night of 25.09.2025 and 26.09.2025 at Amritsar Airport pursuant to a Look-out Circular (LoC), when he was leaving for Bangkok for business purposes. He was take
Violation of 24-hour production mandate under Article 22(2) of the Constitution renders custody illegal, necessitating bail despite the seriousness of charges.
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....
The failure to obtain a transit warrant and produce the accused within 24 hours constitutes a violation of Article 22(2) of the Constitution, rendering the detention unlawful.
A person in custody cannot be detained without producing him before a Magistrate under colourable pretention that no actual arrest is made.
The failure to communicate grounds of arrest in writing and late production before the Magistrate violates due process, rendering the arrest illegal.
Detention beyond 24 hours without presentation to a magistrate violates fundamental rights, but travel time is excluded in determining legality of arrest.
The main legal point established is that the impugned detention order was based on specific cases and witness statements, and the delay in issuing the order was properly explained by the detaining Au....
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