Thane, Jun 20 A local court has rejected the police's plea for extension of custody of a chemist held in Surat in an NDPS case, and ordered his immediate release, noting that there is no provision in criminal law permitting officers to transit an accused across states without statutory checks.
Terming the arrest illegal, Judicial Magistrate First Class G.M. Gunthe highlighted severe lapses in procedural compliance and issued a show-cause notice to the Investigating Officer.
The case, initially linked to the Kalwa police station and investigated by the Thane crime branch, pertains to allegations that the accused, Nilesh Jariwala, was involved in the illegal supply and cash transactions of the prohibited drug "Spasmo-Proxyvon R-plus" (Tramadol) without maintaining statutory tax invoices or prescription records.
Police moved an application seeking a five-day extension of police custody, stating that a detailed investigation was needed to trace the source and supply chain of the seized contraband.
Opposing the police plea, defence counsel Munir Ahmed argued that the accused's personal liberty was violated in flagrant breach of Articles 21 and 22.
The defence placed on record a crucial station diary extract obtained under the Right to Information (RTI) Act from the Salabatpura police station in Surat.
The document showed that the Thane crime branch had effectively taken physical control of Jariwala in Surat on June 12, under the guise of "questioning" and transported him to Thane, without giving any formal notice or informing the nearest magistrate, Ahmed said.
While the police formally recorded the arrest only on June 13 and produced him before the holiday court on June 14, the defence argued that his liberty was completely curtailed from June 12 itself.
Concurring with the defence, magistrate Gunthe remanded the accused to magisterial custody and ordered his immediate release.
The court observed that the Investigating Officer had admitted that the accused was kept in continuous custody and not permitted to return home after questioning.
Citing the Supreme Court's strictures against "unfair evasions" and "terminological dubieties" like labelling formal detentions as 'informal custody for interrogation', the court ruled that there is no provision in criminal law permitting officers to transit an accused across states without following statutory checks.
The court remarked that the IO "miserably failed" to prove the legality of the arrest procedure.
The court rejected the extension of police custody and remanded Jariwala to magisterial custody till July 2, directing his immediate release from police confinement.
"Issue notice to I.O. to show cause why he has shown arrest of the accused to be made on 13.06.2026 instead of 12.06.2026 and produced him before the court on 14.06.2026. He is also directed to show cause for the illegal arrest of the accused," the court stated.
