Case Note & Summary
The petitioners, Anil Jaisinghani and Nirmal Rajkumar Jaisinghani, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking release from custody in connection with CR No.28 of 2023 registered at Malabar Hill Police Station, Mumbai, under Sections 120(b) and 385 of the Indian Penal Code and Sections 8 and 12 of the Prevention of Corruption Act. The petitioners were arrested on 19th March, 2023 at about 11:45 p.m. near Godhra, Gujarat. They were produced before the magistrate at 5:00 p.m. on 20th March, 2023. The petitioners contended that they were not produced within 24 hours of arrest, violating Article 22(2) of the Constitution and Section 57 of the Code of Criminal Procedure, 1973. The court heard Mr. Mrigendra Singh, Senior Counsel for the petitioners, and Dr. Birendra Saraf, Advocate General for the State. The court examined the record and noted that the arrest occurred at night and the distance from Godhra to the nearest magistrate was considerable. The court held that the 24-hour period under Article 22(2) and Section 57 CrPC is to be computed from the time of arrest, but practical difficulties such as distance and night hours may justify a slight delay. In this case, the arrest was at 11:45 p.m., and the police had to travel a significant distance to produce the petitioners before a magistrate. The production at 5:00 p.m. on the next day was within a reasonable time and did not violate the constitutional or statutory mandate. The court dismissed the petition, finding no illegal detention.
Headnote
A) Constitutional Law - Fundamental Rights - Article 22(2) - Right to be produced before magistrate within 24 hours of arrest - Computation of time - Arrest at 11:45 p.m. on 19th March, 2023 at Godhra, Gujarat - Production at 5:00 p.m. on 20th March, 2023 - Held that the 24-hour period under Article 22(2) and Section 57 CrPC is to be computed from the time of arrest, but practical difficulties such as distance and night hours may justify slight delay - In this case, the arrest was at night and the nearest magistrate was far away, so production within 24 hours was not feasible - No violation (Paras 1-9).
Issue of Consideration
Whether the arrest of the petitioners at 11:45 p.m. on 19th March, 2023 at Godhra, Gujarat and their production before the magistrate at 5:00 p.m. on 20th March, 2023 violated Article 22(2) of the Constitution of India and Section 57 of the Code of Criminal Procedure, 1973.
Final Decision
The petition is dismissed. The court held that there was no violation of Article 22(2) of the Constitution of India or Section 57 of the Code of Criminal Procedure, 1973, as the arrest occurred at night and the distance to the magistrate justified the slight delay in production.
Law Points
- Article 22(2) of the Constitution of India
- Section 57 of the Code of Criminal Procedure
- 1973
- computation of 24-hour period for production before magistrate
- arrest at night
- distance from nearest magistrate
