Interim bond cancellation without inquiry deemed impermissible; procedural safeguards emphasized under Bharatiya Nagarik Suraksha Sanhita, 2023.
In a landmark decision, the Calcutta High Court, presided over by Dr. Ajoy Kumar Mukherjee, J., quashed the detention of petitioner Rakesh Kumar Singh, who was held based on the cancellation of an interim good behaviour bond under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The judgment, dated March 11, 2026, highlighted the necessity of adhering to procedural safeguards and conducting a full-fledged inquiry before detaining an individual under preventive jurisdiction.
The case originated when the Watgonj Police Station submitted a report against Singh, labeling him a habitual offender and requesting preventive action under Section 129 of the BNSS. The Executive Magistrate issued a production warrant, and Singh was directed to furnish an interim bond of Rs. 5,000 along with sureties. However, after Singh was implicated in another case, the police sought the cancellation of the bond, leading to his detention.
The court observed that the bond was executed under Section 135(3) BNSS, applicable only during an inquiry's pendency and not as a final bond under Section 136 BNSS. Justice Mukherjee emphasized that detention based on interim bond cancellation without recording evidence or completing an inquiry violated procedural safeguards and Article 21 of the Constitution of India. The judgment underscored that preventive jurisdiction should not be punitive and must ensure legality, fairness, and reasonableness.
The court also criticized the lower court's failure to conduct an inquiry into the truth of the information before directing the execution of the interim bond, deeming the action as arbitrary and ultra vires. The ruling reiterated that procedural impropriety and non-application of mind in preventive proceedings are subject to judicial review.
This decision sets a precedent for upholding procedural safeguards in preventive detention cases and underscores the importance of thorough inquiry and evidence evaluation before curtailing personal liberty.
Bottom Line:
Preventive jurisdiction under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - Interim good behaviour bond under Section 135(3) BNSS cannot lead to detention under Section 141 BNSS without full-fledged inquiry and evidence demonstrating imminent and proven breach of peace.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 129, 130, 135(3), 136, 141; Constitution of India, 1950 Article 21.
Rakesh Kumar Singh v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2864701
