#illegal arrest

The Bombay High Court held that serving a Section 41A CrPC notice after arrest renders the arrest illegal, exposing police manipulation of records and collusion with a developer to frame the petitioner. The court awarded Rs 5 lakh compensation, ordered the investigating Sub-Inspector's suspension, and referred the Magistrate to the Administrative Committee for judicial oversight failures.

The Orissa High Court held that time taken for medical examination cannot be excluded from the 24-hour production mandate under Article 22(2) - only journey time is excludable. Consequently, the accused's detention beyond 25 hours vitiated the arrest and remand, entitling him to bail in an NDPS case involving 51 kg of ganja.

The Allahabad High Court quashed an arrest and remand after police failed to prepare an arrest memo, delayed filing the FIR by over six hours, and refused to inform family members - violating core safeguards under D.K. Basu and Article 22. This ruling reinforces that procedural compliance is non-negotiable in custodial cases, regardless of the alleged offense.

Allahabad HC sets aside arrest under CGST Act for failing to disclose grounds of arrest, omitting CBIC-DIN, and violating D.K. Basu guidelines, reinforcing procedural safeguards in tax-related detentions. The ruling mandates strict compliance with arrest protocols to prevent arbitrary custody.

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.

Allahabad HC rules that failure to provide written grounds of arrest under Article 22(1) renders detention illegal, setting aside remand and imposing exemplary costs for three-month unlawful custody. The judgment reaffirms constitutional safeguards against arbitrary arrest, binding police and magistrates to strict procedural compliance.

Karnataka High Court rules that an illegal arrest under Section 51 BNSS renders subsequent forensic evidence, including blood samples, inadmissible in NDPS prosecutions. The judgment underscores that procedural violations at arrest stage irreparably taint the entire case, mandating quashing of charges even in drug offences.

Orissa High Court rules that failure to provide written grounds of arrest under BNSS Section 47 violates Article 22(1) of the Constitution, rendering detention illegal. The court mandates communication of grounds within two hours of arrest, setting a binding procedural standard for all arrests post-06.11.2025.

Tripura High Court ruled that while arresting a woman after sunset without magisterial permission violates Section 46(4) CrPC, it does not automatically entitle her to bail. The court directed a departmental inquiry into the procedural lapse, emphasizing compliance with arrest protocols under the NDPS Act.