The Bombay Excessive Courtroom granted bail to an accused booked in a medication case noting that his detention was unlawful as he was not communicated the grounds of his arrest in writing and the identical was in ‘utter disregard’ of Part 50 of the Prison Process Code (CrPC) and infringed his elementary proper underneath Article 22 of the Structure.
On November 25, a bench of Justices Bharati H Dangre and Manjusha A Deshpande handed an order on a plea by one Shrawan Joshi, who was arrested by the Particular Investigation and Intelligence Department-SIIB (Airport Particular Cargo Commissionerate- APSC) on Could 21 this 12 months for offences punishable underneath the Narcotic Medicine and Psychotropic Substances (NDPS) Act.
The arrest memo referred to a parcel seized by the authority based mostly on particular intelligence coming from Belgium, with Joshi named as consignee and consisting 51 grams of Methamphetamine and 406 orange colored drugs of a contraband known as MDMA, together with 230 grams of powder wrapped in aluminium foil and hid inside 4 plastic bottles. Joshi had allegedly knowledgeable the authority that he had collected the parcel on behalf of his buddy Kyle Cummings, a wrestler.
Advocates Taraq Sayed, Alisha Parekh, Anish Pereria and Ashwini Achari representing Joshi argued that his arrest was unlawful as he was not communicated the grounds of arrest in writing and recording his assertion underneath Part 67 (looking for data) of NDPS Act had no authorized worth.
After perusing submissions and materials on document, the bench noticed, “Mere indication under the stated assertion that the petitioner has been allowed to speak to his father and was supplied with meals and water, don’t absolve the investigating officer from his accountability of speaking the grounds of his arrest.”
The HC allowed Joshi’s plea and held, “We discover that non communication of the grounds of arrest to the petitioner has undoubtedly triggered grave prejudice…Resultantly, the arrest of the petitioner is against the law.”
