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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Kabir Khan – Appellant
Versus
State Of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners challenge arrests for article 22(1) violation. (Para 1) |
| 2. article 22(1) mandates timely written grounds of arrest. (Para 2 , 3 , 4 , 5 , 6) |
| 3. supreme court ruling applies prospectively to arrests. (Para 7 , 8) |
| 4. petitions dismissed without merits examination. (Para 9 , 10) |
JUDGMENT :
Ajay Mohan Goel, J.
All these petitioners have approached this Court on the ground that as their arrests were in contravention of Article 22 of the Constitution of India because the grounds of arrest were not conveyed to them when they were arrested, therefore, their arrest be held illegal and they be ordered to be released. The petitioner in CWP No. 12201 of 2025, has been arrested in Case FIR No. 119, dated 12.08.2024, registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 9502 of 2025, has been arrested in Case FIR No. 41, dated 17.02.2025, registered under Section 20 of the NDPS Act at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 9862 of 2025, has been arrested in Case FIR No. 197, dated 05.12.202
Supreme Court mandate for written grounds of arrest in all cases is prospective; prior arrests not vitiated by non-compliance.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
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.
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
It is mandatory to inform an arrested person of the grounds for their arrest, and failure to do so may render the arrest illegal.
Non-communication of contraband quantity in arrest grounds violates Article 22(1), rendering NDPS arrest illegal, entitling bail.
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