Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MAHABIR SINGH SINDHU
Ashok Kumar Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mahabir Singh Sindhu, J.
1. Present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') in FIR No.22 dated 21.01.2025, registered under Sections 309(4) and 191(3) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 21-C, 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Anti Narcotics Task Force (ANTF), Mohali, with the following prayer(s):-
(i) to declare the arrest of petitioner as illegal, non est and arbitrary;
(ii) to set aside the impugned remand order dated 19.03.2025 (P-3) passed by learned Judicial Magistrate First Class, Amritsar (for short 'JMIC'), whereby petitioner was remanded to police custody for three days;
(iii) to release petitioner from custody forthwith and also to preserve the entire record, including the file notings and case diaries of present case pertaining to FIR No. 22 dated 21.01.2025 (supra); and
(iv) to direct interim release of petitioner during pendency of present petition.
2. Allegations are that drug money of 20,000 Euro, 10,000 British Pound and 10,020 Canadian Dollars were recovered from th
The court ruled that failure to timely communicate grounds of arrest violates constitutional rights, rendering subsequent detention illegal; the accused did not prove entitlement to bail given the na....
Compliance with Article 22(1) requires written grounds of arrest conveyed effectively to the arrested individual.
The court reaffirmed the necessity of timely communication of grounds for arrest, highlighting defendant's rights under Article 22 of the Constitution.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The court upheld the legality of the arrest and remand of the petitioner, affirming compliance with statutory and constitutional requirements.
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
