Bail - Arrest memo must provide grounds for arrest, mere information of arrest is insufficient.

Himachal Pradesh High Court Grants Bail Citing Procedural Lapse in Arrest Court affirms the need for explicit communication of arrest grounds as per constitutional safeguards

In a significant ruling, the Himachal Pradesh High Court granted bail to Manish Kumar, who was arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985, citing procedural lapses during his arrest. Justice Bipin Chander Negi emphasized the constitutional mandate under Article 22(1) of the Indian Constitution, which requires that arrested individuals be informed of the grounds of their arrest.

The court observed that the arrest memo provided to Manish Kumar lacked the necessary details regarding the grounds for his arrest, containing only basic information such as the name of the arrested person and details of the FIR. This oversight was deemed a violation of procedural requirements, rendering the arrest vitiated.

The judgment referenced the Supreme Court's ruling in Vihaan Kumar v. State of Haryana, reinforcing that mere information of arrest is insufficient without the communication of arrest grounds. The court reiterated the importance of this requirement, allowing individuals to challenge any potential misunderstandings and secure legal representation.

Justice Negi's judgment also clarified that the State could re-arrest the accused after rectifying the procedural defects, provided due process is followed. This ruling aligns with prior judicial precedents, including the decisions in Anwar Khan v. State of NCT of Delhi and Kavita Manikikar v. CBI, which uphold the permissibility of re-arrest post procedural rectification.

The bail was granted with stringent conditions, including regular court attendance, prohibition on tampering with evidence, and restrictions on leaving the country without prior court permission. The court assured that these conditions aim to balance the accused's liberty with the integrity of the judicial process.

Bottom Line:

Bail granted due to procedural lapses in arrest - The arrest memo must provide grounds for arrest, mere information of arrest is insufficient.

Statutory provision(s): Bharatiya Nagrik Suraksha Sanhita, 2023 Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 20 and 29, Article 22(1) of the Constitution of India.

Manish Kumar v. State of H.P., (Himachal Pradesh) : Law Finder Doc Id # 2816784