Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1542

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL, J.
Kabir Khan - Petitioner
Versus
State Of Himachal Pradesh And Another – Respondent
CWP No. 12201 of 2025 a/w CWP Nos. 9502, 9862, 9866, 10799, 10800, 10802, 10832, 10837, 11178, 11209, 11269 to 11273, 11357, 11360, 11667, 11721, 11724, 12178, 12181, 12184, 12247, 12434, 13474, 13277 and 14007 of 2025
Decided On : 18-11-2025

Advocates Appeared:
For the Petitioner:Mr. Kulwant Singh Gill, Mr. George, Advocates
For the Respondent:Mr. Anup Rattan, Advocate General, with Mr. Rajpal Thakur, Additional Advocate General

Supreme Court mandate for written grounds of arrest in all cases is prospective; prior arrests not vitiated by non-compliance.

Headnote:(A) Constitution of India - Article 22(1) - Cr.PC Section 50 (now BNSS Section 47) - Mandatory in all offences to communicate grounds of arrest in writing in language understood by arrestee; if unable immediately, orally then in writing within reasonable time, at least two hours before remand production; non-compliance renders arrest and remand illegal - Directions prospective, governing arrests henceforth as no prior consistent requirement existed. (Paras 2-8)

Facts of the case:
Multiple writ petitions challenging arrests in cases under NDPS Act, IPC, POCSO Act and BNS on ground that grounds of arrest not conveyed, violating Article 22(1).

Findings of Court:
Petitions dismissed without examining merits of individual cases; arrests prior to Supreme Court judgment not vitiated.

Issues: Whether arrests can be declared illegal for non-communication of grounds relying on recent Supreme Court judgment mandating procedure; whether such judgment applies retrospectively.

Ratio Decidendi: Supreme Court clarified constitutional mandate not mere formality but safeguard for personal liberty and defense; however, as no prior binding written requirement for all offences, procedure affirmed governs future arrests only. Result : Petitions dismissed.

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 05.12.2024, registered under Sections 22 & 29 of the NDPS Act at Police Station Majra, District Sirmour, the petitioner in CWP No. 9866 of 2025, has been arrested in Case FIR No. 197, dated 05.12.2024, registered under & 29 of the NDPS Act at Police Station Majra, District Sirmour, the petitioner in CWP No. 10799 of 2025, has been arrested in Case FIR No. 22, dated 07.02.2024, registered under Sections 363, 376DA of Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’) at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 10800 of 2025, has been arrested in Case FIR No. 99, dated 28.06.2024, registered under Sections 20, 25 & 29 of the NDPS Act at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 10802 of 2025, has been arrested in Case FIR No. 39, dated 26.03.2024, registered under Sections 302, 323, 324 of read with Section 34 of at Police Station Rampur, District Shimla, the petitioner in CWP No. 10832 of 2025, has been arrested in Case FIR No. 46, dated 10.04.2024, registered under Sections 307, 452, 147, 148 & 149 of at Police Station Puruwala, District Sirmour, the petitioner in CWP No. 10837 of 2025, has been arrested in Case FIR No. 28, dated 21.02.2024, registered under Sections 21, 22 & 29 of NDPS Act at Police Station Sadar Nahan, District Sirmour, the petitioner in CWP No. 11178 of 2025, has been arrested in Case FIR No. 12, dated 22.01.2025, registered under , 25 & 29 of NDPS Act at Police Station Nagrota Bagwan, District Kangra, the petitioner in CWP No. 11209 of 2025, has been arrested in Case FIR No. 07, dated 13.02.2025, registered under of NDPS Act at Police Station Kupvi, District Shimla, the petitioner in CWP No. 11269 of 2025, has been arrested in Case FIR No. 99, dated 28.06.2024, registered under , 25 & 29 of NDPS Act at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 11270 of 2025, has been arrested in Case FIR No. 13, dated 09.02.2023, registered under of NDPS Act at Police Station Majra, Tehsil Paonta Sahib, District Sirmour, the petitioner in CWP No. 11271 of 2025, has been arrested in Case FIR No. 243, dated 10.08.2023, registered under Sections 302, 120B, 382 of at Police Station Nalagarh, District Solan, the petitioner in CWP No. 11272 of 2025, has been arrested in Case FIR No. 148, dated 11.10.2023, registered under Section 302 read with Section 34 of at Police Station Nahan, District Sirmour, the petitioner in CWP No. 11273 of 2025, has been arrested in Case FIR No. 99, dated 28.06.2024, registered under , 25 & 29 of NDPS Act at Police Station Paonta Sahib, District Sirmour, the petitioner in CWP No. 11357 of 2025, has been arrested in Case FIR No.