Case Note & Summary
The petitioner, Vicky @ Vikky Vilas Kamble, filed a writ petition before the Bombay High Court seeking release from custody in connection with C.R.No.92 of 2025 registered at Yerwada police station, Pune. The primary ground for the petition was the alleged violation of Article 22(2) of the Constitution of India, which mandates that every person arrested must be produced before the nearest Magistrate within 24 hours of arrest. The petitioner contended that he was not so produced, thereby rendering his detention illegal. Additionally, the petitioner claimed violation of Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which corresponds to the same requirement, as well as Section 35(3) and Section 35(5) of BNSS, which deal with the duty of the police to inform the arrested person's relatives about the arrest. The court heard arguments from Mr. Mayuresh Ingale, counsel for the petitioner, and Ms. Supriya Kak, APP for the State. The court examined the allegations in the FIR and the affidavit in reply filed by the Police Inspector (Crimes), Yerwada police station. The court found that there was indeed a violation of Article 22(2) and Section 58 BNSS as the petitioner was not produced before the nearest Magistrate within 24 hours of his arrest. Consequently, the court held that the continued detention of the petitioner was illegal and ordered his release. The court also noted the additional ground of violation of Section 35(3) and Section 35(5) BNSS. The petition was allowed, and the petitioner was directed to be released forthwith unless required in any other case.
Headnote
A) Constitutional Law - Fundamental Rights - Right to be Produced Before Magistrate - Article 22(2) of the Constitution of India - The petitioner was arrested but not produced before the nearest Magistrate within 24 hours as mandated by Article 22(2). The court held that such violation renders the detention illegal and the petitioner is entitled to be released. (Paras 1-2) B) Criminal Procedure - Arrest and Detention - Production Before Magistrate - Section 58 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The failure to produce the arrested person before the nearest Magistrate within 24 hours of arrest constitutes a violation of Section 58 BNSS. The court held that the custody becomes illegal and the petitioner must be released. (Paras 2, 4) C) Criminal Procedure - Arrest - Information to Relatives - Section 35(3) and Section 35(5) of Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner also alleged violation of Section 35(3) and Section 35(5) BNSS regarding informing relatives of arrest. The court considered this as an additional ground for release. (Paras 2, 4)
Issue of Consideration
Whether the petitioner's arrest and continued detention are illegal due to violation of Article 22(2) of the Constitution of India and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for not being produced before the nearest Magistrate within 24 hours of arrest, and whether there was violation of Section 35(3) and Section 35(5) of BNSS.
Final Decision
The court allowed the petition and ordered the release of the petitioner forthwith unless required in any other case, due to violation of Article 22(2) of the Constitution of India and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Law Points
- Article 22(2) of the Constitution of India
- Section 58 of Bharatiya Nagarik Suraksha Sanhita
- 2023
- Section 35(3) and Section 35(5) of BNSS
- Right to be produced before nearest Magistrate within 24 hours of arrest
- Illegal detention
- Fundamental right
