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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Sakib Choudhury, S/O Safique Choudhury – Appellant
Versus
State Of Assam, Rep By The Pp Assam – Respondent
ORDER :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. B. K. Mahajan, the learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor, appearing for the State of Assam.
2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sakib Choudhury, who has been detained behind the bars since 19.01.2025 in connection with Mangaldai P.S. Case No. 14/2025.
3. The gist of accusation against the present petitioner is that on 18.01.2025, one Mr. T Pegu, S. I. of Police, lodged an FIR before the Officer-In-Charge of Mangaldai Police Station, inter-alia, alleging that an information was received regarding a gang of financial fraudsters taking shelter at K.P Residency, Mangaldai. Accordingly, a search was made and 4 (four) numbers of accused persons, including the present petitioner, were arrested therefrom. During the interrogation of the said accused persons, it was revealed that the accused persons were involved in financial fraud of bank accounts and they are operating all over India.
4. This is for the second time the petitioner has approached this Court seeking bail in connection with Mangaldai P.S. Case No. 14/2025. On a
The failure to inform an arrested person of the grounds for their arrest violates fundamental rights under Articles 21 and 22(1) of the Constitution, rendering the arrest illegal and justifying bail.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
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