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The Gauhati High Court held that under BNSS 43(5), arrest is effective detention, not formal custody, for the sunset rule. Applying this, it denied bail in an NDPS case with 434.38 g heroin, clarifying arrest timing for bail in drug prosecutions.
Allahabad High Court dismisses habeas corpus petition but underscores that remand orders must reflect independent judicial application of mind, not just printed proformas. The ruling reinforces Arnesh Kumar guidelines, mandating detailed reasoning in detention orders under Bharatiya Nyaya Sanhita and POCSO Act to prevent arbitrary arrests.
Allahabad HC ruled that remand orders passed on printed proformas without specifying grounds of arrest violate CrPC Section 57 and constitutional safeguards under Article 22. The court quashed the detention, reinforcing that procedural compliance is non-negotiable for lawful arrest and remand, impacting police and judicial officers handling criminal cases.