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G. RADHA RANI
Vishal Manohar Mandrekar, S/o. Manohar Mandrekar – Appellant
Versus
State of Telangana represented by its Public Prosecutor – Respondent
ORDER :
G. RADHA RANI, J.
This Criminal Revision Case is filed by the petitioner – accused No.44 under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) to set aside the order of remand dated 02.02.2024 against him in Crime No.958 of 2023 of S.R. Nagar Police Station, Hyderabad on the file of the III Additional Chief Metropolitan Magistrate at Hyderabad registered for the offences under Sections 8(c) read with 22(c), 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
2. The case of the prosecution in brief was that on 16.12.2023 at 18:30 hours, the S.I. of Police of S.R. Nagar Police Station on credible information that a person who was in possession of psychotropic substance was at Maitrivanam, Ameerpet, S.R. Nagar, Hyderabad proceeded to the said place and on identification by the informant, apprehended a person by name Jalli Ashok Yadav (accused No.4) and seized two (02) ecstasy (psychotropic substance) pills from his possession. On interrogation, accused No.4 confessed that he along with his friend Rajesh was procuring the ecstacy pills from one Sai Charan of Bangalore and one Baba of Goa @ Rs.1,000/- per
The failure to obtain a transit warrant and produce the accused within 24 hours constitutes a violation of Article 22(2) of the Constitution, rendering the detention unlawful.
A person in custody cannot be detained without producing him before a Magistrate under colourable pretention that no actual arrest is made.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
The distinction between detention and formal arrest is crucial; detention during an investigation does not necessarily constitute an arrest unless it deprives the individual of liberty, affecting com....
Arrest must be recognized from when an individual's liberty is restrained, and failure to produce before a magistrate within 24 hours constitutes illegal detention under constitutional provisions.
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
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