A detained individual must be promptly produced before a magistrate within 24 hours post-arrest, and mere presence during a search does not demonstrate illegal custody as defined under relevant statutes.

JUDGMENT :

G. Satapathy, J.

1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with NCB, Bhubaneswar Crime No. 04 of 2025 corresponding to Special T.R Case No.378 of 2025 pending in the file of learned District & Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss. 8(c) read with Sec. 21(c)/23/25/29 of NDPS Act.

2. The factual matrix as unfurled is that acting on a specific information received from the Office of Narcotic Control Bureau, Delhi Zonal Unit regarding the petitioner possessing Narcotic Drugs and Psychotropic Substance in his dwelling house at Block-B-1, Flat No. 105, New Jeevan Bima Nagar, Maitri Vihar, Bhubaneswar on 22.07.2025, the information was reduced into writing and submitted to superior officer and the authority concerned by procuring two independent witnesses from the locality i.e. from the apartment area of the petitioner reached to the specific flat of the petitioner at around 1.30PM in the afternoon on the same day i.e. 22.07.2025 and after observing necessary procedure, conducted search in the said house of the petitioner and recovered 06 blots of Lysergide (in short, “LSD”), 08 number of blank blots having written LSD 25 250ugl wrapped in silver foil and hidden in a book and 05 numbers of black colour nozzle spray containing liquid LSD kept in a black-colour box. Accordingly, the aforesaid items were seized by the NCB officials and the 06 blots of LDS were on being weighed came to be 0.110gm(110mg), the 08 blank blots on being weighed came to 0.140gm. (140mg) and lastly, the liquid LSD(spray) on being weighed came to 23.360gram. The search, seizure and recovery was completed at 16.50hours (4.50PM) on the same day, but subsequently, the petitioner was shown to be arrested at 23.30hours (11.30PM) at NCB Office, Bhubaneswsar which is found from the memorandum of arrest for commission of offence punishable U/Ss. 21(c)/23/25/29 of NDPS Act in violation of Sec. 8(c) of the NDPS Act. The petitioner was accordingly produced before the Special Court on the next day and his bail application having been rejected by the learned Special Judge-cum-Sessions Judge, Khurda, the petitioner is before this Court in this bail application.

3. It needs to be stated here that the petitioner has also approached the learned Special Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar for releasing him from the judicial custody forthwith for illegal detention in custody being produced before the Special Court beyond 24hours in violation of the provision of Article 22(2) of the Constitution of India read with Sec. 58 of BNSS (Section 57 of CrPC), but the same having been rejected, the petitioner has preferred Criminal Revision No. 1010 of 2025 which was disposed of by a co- ordinate Bench of this Court on 22.12.2025 dismissing the revision by holding no infraction of Article 22(2) of the Constitution of India r/w Section 57 of CrPC. The petitioner is, however, again testing the same legal point in this bail application together with grant of bail to him on merit.

4. In the course of hearing, Mr. Debi Prasad Dhal, learned Senior Counsel who is being assisted by Ms. Shreya Patnaik, learned counsel for the petitioner submits that there is clear cut infraction of the statutory and mandatory provision of law and the petitioner is thereby entitled to be released on bail for non-compliance of the provision of Section 58 of BNSS read with Article 22(2) of Constitution of India. Mr. Dhal submits that since the petitioner’s house was raided at 1.30 PM in the afternoon, the custody of the petitioner would start on & from 1.30 PM itself as the petitioner’s movement w