Court finds failure to supply written grounds of arrest unconstitutional, orders release of Brijesh Kothia on bail.
In a significant ruling, the Delhi High Court has granted bail to Brijesh Kothia, who was arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985. The court found that the arrest and subsequent detention were illegal due to non-compliance with the constitutional mandate under Article 22(1) of the Indian Constitution. Justice Anup Jairam Bhambhani, presiding over the case, emphasized that the failure to provide written grounds of arrest to Kothia rendered the arrest unconstitutional, entitling him to be released on bail.
The petitioner was arrested on October 13, 2024, in Gujarat, but the arrest memo did not include specific grounds for his arrest. The court noted that the absence of written grounds violated the constitutional safeguard intended to protect personal liberty, as reinforced by multiple Supreme Court judgments, including Mihir Rajesh Shah and Dr. Rajinder Rajan cases.
The court highlighted that the constitutional requirement is not a mere procedural formality but a substantive safeguard. The State's argument that the requirement of written grounds was not mandatory at the time of Kothia's arrest was rejected. The court clarified that the Supreme Court's decision in Mihir Rajesh Shah did not create a new prospective regime but reaffirmed the constitutional mandate existing since the Pankaj Bansal judgment.
Justice Bhambhani's ruling ensures that Kothia is released on bail, provided he adheres to specific conditions, including furnishing a personal bond and surrendering his passport. The court also permitted the investigating agency to take further lawful actions, including fresh arrest, provided they comply with constitutional and statutory requirements.
This judgment underscores the judiciary's commitment to uphold constitutional rights and ensure that procedural lapses do not infringe upon personal liberty. The ruling serves as a reminder to law enforcement agencies of the importance of adhering to constitutional mandates in arrest procedures.
Bottom line:-
Arrest and detention deemed illegal due to non-compliance with constitutional mandate under Article 22(1) of the Constitution of India and statutory requirements, including non-supply of written grounds of arrest.
Statutory provision(s):
- Article 22(1) of the Constitution of India
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483
- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8/20/21/25/29, 22/27A
- Bharatiya Nyaya Sanhita, 2023, Sections 238B/209
Brijesh Kothia v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2897596
