2024:BHC-AS:43235-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3604 OF 2024 Bharat Pukhraj Chaudhary, Aged about -43 years, Having address at – Bhadras, Post-Sadri, Tehsil - Disuri, District Pali, State Rajasthan (Presently in Judicial Custody). PETITIONER - VERSUS -

1. The State of Maharashtra.

2. Sr.Inspector of Police (Bhoiwada Police Station), District : Thane at Bhiwandi, and subsequently investigated by Crime Branch, Unit-2, Bhiwandi. RESPONDENTS Shri Rishi Bhuta, Advocate with Vikram Singh, Ujjwal Gandhi, Prateek Dutta, Saakshi Jha, Vaishnavi Jhaveri and Parth Goenka, counsel for the petitioner.

Miss M.M. Deshmukh, Additional Public Prosecutor for the respondents-State.

CORAM : NITIN W. SAMBRE AND MANJUSHA DESHPANDE, JJ. DATE ON WHICH ARGUMENTS WERE HEARD : SEPTEMBER 24, 2024 DATE ON WHICH JUDGMENT IS PRONOUNCED : OCTO BER 25 , 2024 JUDGMENT (PER : NITIN W. SAMBRE , J.)

RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.

2. The petitioner has sought a declaration that his arrest in Crime No.221 of 2023 registered with Bhoiwada Police Station, Thane on October 21, 2023 under Section 8(K), 22(K) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 18(K), 18(A) punishable under Section 27(B) and 28(A) of the Drugs and Cosmetics Act, 1940 is illegal and Digitally signed by RAJESHRI RAJESHRIPRAKASH PRAKASH AHER is in gross violation of the fundamental rights guaranteed under Articles 21 AHER Date:

2024.11.11

11:07:36 +0530 and 22 of the Constitution of India so also Section 50 of the Code of Criminal Procedure, 1973. The petitioner has also sought quashing of the remand order dated February 11, 2024 and subsequent remand orders in the aforesaid case.

3. The facts necessary for deciding the writ petition are as under:- 4000 bottles of various cough syrups were found in possession of co-

accused Shiraj. The possession was with an intention to illegally market the same, which falls within the definition of psychotropic substance. As a sequel of above, the offence being Crime No.221 of 2023 referred above came to be registered. The present petitioner is impleded as accused no.5 and his address is shown as resident of Pali District, Rajasthan.

4. The petitioner was already detained in Haridwar prison located in the State of Uttarakhand. During the investigation, direct involvement of the petitioner was noticed in the above crime. Based on the production remand, the petitioner was produced and shown to have been arrested on February 11, 2024, as the transit warrant was honoured by the Court at Haridwar on February 07, 2024. Based on the above, the petitioner came to be arrested and produced before the Magistrate on February 11, 2024 and was then subjected to various remand orders.

5. The counsel for the petitioner would urge that in law, it is mandatory to communicate in writing the grounds of arrest to the petitioner in view of the settled position of law reflected in catena of judgments, the petitioner’s arrest has to be declared as illegal. He would place reliance on the judgment of this Court in Mahesh Pandurang Naik Versus The State of Maharashtra & Another [Writ Petition (ST) No. 13835 of 2024 with Interim Application (ST) No.14637 of 2024] decided on July 18, 2024 which is based on the judgment of the Apex Court in Pankaj Bansal Versus Union of India & Others [2023 Live Law (SC) 844], wherein the scheme of Section 50 of the Code of Criminal Procedure and the fundamental right guaranteed under Article 22 of the Constitution of India are discussed. So as to substantiate the case, he would also draw support from the judgments in Prabir Purkayastha Versus State (NCT of Delhi) [Diary No.42896/2023] decided on May 15, 2024 and Dhanraj Aswani Versus Amar S. Mulchandani & Another [Criminal Appeal No.2501 of 2024], decided on September 09, 2024. As such, it is claimed that the arrest of the petitioner is