The court ruled that Singh's detention exceeded the 24-hour limit without judicial order, violating constitutional rights.
In a significant ruling, the Punjab and Haryana High Court has ordered the release of Anuj Kumar Singh, who was arrested by the Narcotics Control Bureau (NCB) in connection with a drug-related case. The court found that Singh was detained beyond the permissible 24-hour period without a judicial order, thereby violating Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Article 22(2) of the Indian Constitution.
The case against Singh originated from the seizure of a large quantity of psychotropic substances, linking his firm, M/s Digital Vision, to illegal distribution networks. Despite the gravity of the allegations, the court emphasized the importance of adhering to procedural safeguards in arrest and detention.
Justice Sumeet Goel, presiding over the case, highlighted that the arrest technically began when Singh's liberty was restrained by the NCB, which was during the search of his premises on October 31, 2025. The court noted that Singh was in the NCB's custody from 10:45 PM on October 31 until his formal arrest at 9:00 PM on November 1, 2025, a duration exceeding the 24-hour limit without judicial oversight.
The court rejected the NCB's argument that Singh voluntarily accompanied them and had access to his mobile phone, stating that these factors did not negate the coercive nature of his custody. The judgment underscored the constitutional mandate requiring a person to be produced before a magistrate within 24 hours of arrest to ensure judicial scrutiny of executive actions.
This ruling reaffirms the judiciary's role as a guardian of personal liberty and a check on potential abuses of power by investigative agencies. It sends a clear message that procedural lapses, irrespective of the seriousness of the allegations, can invalidate arrests and lead to the release of the accused.
Bottom Line:
Arrest and detention under NDPS Act - Detention beyond 24 hours without judicial order violates Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Article 22(2) of the Constitution of India.
Statutory provision(s): Article 22 of the Constitution of India, Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Narcotic Drugs and Psychotropic Substances Act, 1985
Anuj Kumar Singh v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2884559
