Non-compliance with Section 47 of BNSS and Article 22(1) of the Constitution vitiates arrest, justifying the grant of bail.

JUDGMENT :

G. Satapathy, J.

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Delanga PS Case No.379 of 2025 corresponding to GR Case No.920 of 2025 pending in the file of learned JMFC, Pipili, District-Puri for commission of offences punishable U/Ss.137(2)/ 127(2)/ 296/ 115(2)/ 142(2)/ 143/ 146/ 351(2)/3(5) of BNS, on the main allegation of illegally kidnapping and trafficking two minor victims for the purpose of employing in labour work.

2. Heard, Mr. Debidutta Mohapatra, learned counsel for the Petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record.

3. Admittedly, the Petitioner has set up plea for bail to the Petitioner for want of compliance of the provision of Sec. 47 of BNSS/Article 22(1) of the Constitution of India, but in response to such plea, the OIC, Delang PS, Puri pursuant to an order passed by this Court on 16.03.2026 has filed an affidavit indicating therein about compliance of Sec. 47 of BNSS by stating inter alia in such affidavit the following:-

“It is humbly submitted that prior to arrest of the Petitioner, the police briefed him on the ground of arrest which has been reflected in the Case Diary No. XXIII and No. XXIV respectively as well as notice U/S. 47 of BNSS was issued to the petitioner in which the petitioner putting his signature. Copy of Notice U/S. 47 of BNSS is annexed herewith as Annexure-A.”

The document under Annexure-A attached to such affidavit reveals the following:-

“You are here by informed that you Mylapelli Mahesh @ Raj1, Bandamyasamma Nagar, Domalguda, Himayat Nagar, Hydrabad, A/p- Door No-7-12, Patel Nagar, Ramavarappadu, PS-Patamata, Vijaywada, Andharapradesh, Phone No-9966775916 was arrested on 25.11.2025 at 17:30 hours in Puri Delang PS Case No-379 dtd. 30.09.2025. U/S 137(2) BNS and being produced before the Hon'ble Court X Addl. Judicial First class Magistrate, Kukatpally on 26.11.2025. You are advised to prefer in bail.”

4. On the other hand, the certified copy of charge sheet together with memo of arrest and inspection memo as supplied for the Petitioner reveal the circumstance of arrest, in brief (Ground of Arrest) as under:-

“As prima facie evidence well established against him U/Ss.137(2)/ 127(2)/ 296/ 115(2)/ 142(2)/ 143/ 146/249/ 351(2)/3(5) of BNS r/w Section 14 Child Labour Prohibition Act.”

It is worthwhile to mention, the date and time of arrest of the accused as found from the arrest memo is 28.11.2025 at 9:00 AM which is surprisingly not in confirmative with the notice issued to the Petitioner by the Inspector of Police, Delang PS, Puri under Annexure-A which reveals that the Petitioner was arrested on 25.11.2025 at 17:30 hours and produced before the Court of X Addl. Judicial First class Magistrate, Kukatpally on 26.11.2025. For a comparative scrutiny of the arrest memo and the notice stated to be as issued U/S. 47 of BNSS, it appears that the Police in order to cover up the communication of grounds of arrest to the accused as directed in Sec. 47 of BNSS has prepared memo of arrest on 28.11.2025 by showing the time of arrest of the Petitioner at 9:05 AM. It is not possible for a Police Officer to arrest a person twice in connection with the same case. Besides, neither the arrest memo nor the notice purported to be issued U/S. 47 of BNSS reveals about furnishing the grounds of arrest to the accused-Petitioner in terms of the law laid down by the Apex Court in Mihir Rajesh Shah Vrs. State of Maharashtra; (2026) 1 SCC 500, wherein at paragraph 62, the Apex Court has observed as under:-

“62. xx xxx xx in cases where the police are already in possession of documentary material furnishing a cogent basis for the arrest, the written grounds of arrest must be furnished to the arr