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YOGESH KHANNA
Gautam Thapar – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT
Yogesh Khanna, J. - This petition is filed with following prayers :
“A. Pass necessary orders and directions, thereby quashing and setting aside the impugned Para No.6 of the order dated 05.08.2021 whereby the Ld.Special Judge dismissed the Application filed by the Petitioner for declaring his arrest illegal in terms of A. 22 (2) of Constitution of India r/w s. 57 CrPC and for necessary orders for remanding the Petitioner to judicial custody till the disposal of the said application, as the Petitioner was not produced within 24 hours from the time of his actual arrest;”
2. The petition challenges an order dated 05.08.2021 wherein an application moved by the petitioner herein to declare the arrest of the petitioner as illegal was dismissed without any reason. It is the submission of learned counsel for the petitioner the arrest memo of the petitioner shows he was arrested at 19.55 hours of 03.08.2021 but was put under restrain at 8.30 AM itself when his premises was raided. The search and seizure continued from 8.30 AM till 3.30 PM of 03.08.2021. Thereafter he was taken to office of Directorate of Enforcement for recording of his statement. It is argued per settled law the tim
Detention of any person for enquiry whether amounts to arrest.
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.
The court affirmed that the definition of arrest includes any situation where a person's liberty is restrained, and emphasized the constitutional and statutory obligation to produce an arrested perso....
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....
Bail – Bar under Section 37 of N.D.P.S. Act cannot be invoked in a case of illegal detention.
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