Illegality of detention arises when a detainee is held beyond judicial remand without sufficient evidence; law enforcement must act to release such individuals promptly.

CORAM : SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ.

DATED : 17th SEPTEMBER, 2025 P.C. :-

1) Rule. With consent of the parties, Rule is made returnable forthwith.

2) This is a Petition for the Writ of Habeas Corpus for releasing the detenue – Arif Abubakar Tayal who is detained at Taloja Central Prison.

The Petition is filed by the sister of the detenue.

3) The Petitioner’s case is that on 27/07/2025, at about 06:25 a.m., the Assistant Police Inspector, Mumbra Police Station along with four other Officers, one Irfan Multani came to the detenue’s house. The Police Officers were in civil uniform. They illegally detained him and took him to Mumbra Police Station. They showed him arrested at 10:38 a.m. on 28/07/2025 in connection with C.R.No.1276/2025 registered with Mumbra Police Station, Thane for offences punishable under Sections 8(c), 20(b), 22(a) and 29 of The Narcotic Drugs and Psychotropic Substances (NDPS)

Act, 1985. The FIR is dated 28/07/2025.

4) The detenue was produced before the learned JMFC, Thane on 28/07/2025 at 03:10 p.m. The learned Magistrate remanded the detenue to police custody till 01/08/2025. After that, he was produced before the learned Special Judge under the NDPS Act, Thane on 01/08/2025. The learned Special Judge remanded him to further police custody till 07/08/2025. On that day i.e., on 07/08/2025, the detenue was remanded to judicial custody till 21/08/2025. The Petition specifically mentions that from 22/08/2025 onwards, there is no further Order of any Competent Court extending the judicial custody of the detenue. He was never produced before any Court after 22/08/2025 and till today, he is in Taloja Central Prison in illegal detention.

5) In the meantime, the Investigating Agency concluded the investigation and filed the charge-sheet on 02/09/2025 only against Irfan Multani. On 11/09/2025, the NDPS Special Case No.529/2025 resulting from that investigation, was on the board of the learned Special Judge under NDPS Act, Thane. The Respondent No.2 - the Investigating Officer sought to produce a Report under Section 189 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023. The Petition mentions that the learned Special Judge read the Report but did not take it on record. The Petition mentions that the learned Judge opined that, since the detenue was not an accused anymore, there was no question of filing a Report under Section

189 of BNSS , 2023.

6) The learned Counsel for the detenue tried to submit that the detenue was in illegal detention but the learned Judge did not pass any Order as, according to the learned Judge, the detenue could always pursue a remedy available in law. In these circumstances, the Petitioner has approached this Court for release of the detenue from the illegal detention.

7) We have heard Mr. Manas Gawankar, learned Counsel for the Petitioner and Ms. Sangeeta Shinde, learned APP for the Respondent –

State.

8) The learned APP produced a copy of the charge-sheet filed against the accused – Irfan Multani for our perusal. We have perused that charge-sheet. Very briefly, the allegations are that, on 27/07/2025, at about 09:00 p.m., the Officers of Mumbra Police Station received a secret information that a person was to come at Khardi Road to sell Ganja. The requirement of the NDPS Act was followed and an arrangement was made to conduct the raid in presence of Panchas. The raiding party went to the spot mentioned in the secret information. At about 01:10 a.m. in the night, one person came to the spot. The raiding party apprehended him. He was Irfan Gulam Rasool Multani. After following the due procedure, search of his person was conducted. He was found carrying a sack c