Arrest under NDPS Act – 24-hour period for production before the Magistrate begins from point when the person is detained, not from formal arrest
Court Clarifies Commencement of 24-Hour Rule for Magistrate Production Under NDPS Act
The Kerala High Court granted bail to Biswajit Mandal, accused in a narcotics case, due to a constitutional violation concerning the 24-hour rule for producing detainees before a magistrate. The judgment has set a precedent by emphasizing that the 24-hour period begins at the point of effective curtailment of liberty, not the formal recording of arrest.
Presided over by Justice Bechu Kurian Thomas, the court examined the intricacies of Article 22(2) of the Indian Constitution, Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Narcotic Drugs and Psychotropic Substances Act, 1985. The judgment highlighted that failure to produce the accused within the specified period constitutes illegal detention, resulting in the decision to grant bail.
The case, involving Biswajit Mandal, revolved around the seizure of 26.92 Kg of ganja at Ernakulam Junction Railway Station on January 25, 2025. Although Mandal's formal arrest was recorded at 2:00 pm on January 26, 2025, his detention began at 3:00 pm on January 25, 2025. The court noted that the period of effective custody exceeded 24 hours, as Mandal was not presented before a magistrate until 8:00 pm on January 26, 2025.
Justice Thomas, referring to precedents like D.K. Basu v. State of W.B. and Joginder Kumar v. State of U.P., underscored that the essence of the law is to protect individual liberties and prevent misuse of power by law enforcement agencies. The court rebuffed the argument that the 24-hour timeline starts only upon formal arrest, asserting that the timeline begins at the moment an individual's freedom is curtailed.
The court's decision was influenced by the arguments presented by Amici Curiae, Ms. Nikhina Thomas and Ms. Neha Babu, who were appointed to assist due to their keen observation of the proceedings. Their arguments emphasized that the unrecorded period of custody indicated illegal detention, aligning with the court's interpretation of constitutional protections.
The bail conditions imposed by the court require Mandal to execute a bond of Rs.1,00,000 with two solvent sureties, ensure cooperation with the investigation, refrain from intimidating witnesses, and avoid committing similar offenses while on bail. Additionally, Mandal is restricted from leaving Kerala without court permission.
This judgment reinforces the judiciary's role in safeguarding constitutional rights, particularly concerning arrest and detention protocols. It serves as a reminder to law enforcement agencies of the need to adhere strictly to legal procedures, ensuring that individual freedoms are not unjustly compromised.
The Kerala High Court's ruling is poised to influence future cases, emphasizing the importance of timely judicial oversight in custody matters. The court's appreciation for the contributions of the Amici Curiae reflects the growing involvement of young legal minds in shaping jurisprudence.
This landmark decision reaffirms the judiciary's commitment to upholding the rule of law and protecting citizens' rights, marking a pivotal moment in the interpretation of the 24-hour rule under Indian constitutional law.
Biswajit Mandal v. Inspector, Narcotic Control Bureau, (Kerala) : Law Finder Doc id # 2762927
