Case Note & Summary
The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 by the Narcotics Control Bureau (NCB) in connection with the seizure of 11 kg of Methamphetamine from a vehicle at Keishampat Junction, Imphal. He was arrayed as A5 in C.C.No.547 of 2024 pending before the I Additional Special Court for NDPS Act cases, Chennai, for offences under Sections 8(c) r/w 22(c), 23(c), 25, 27A, 28 and 29 of the NDPS Act. The petitioner filed a bail application under Section 439 Cr.P.C. read with Section 483 BNSS. The main contention was that there was a violation of Section 58 of BNSS and Article 22(2) of the Constitution as he was arrested on 28.12.2023 but produced before the Magistrate only on 01.01.2024, i.e., after more than 24 hours. Additionally, the grounds of arrest were not furnished to him, violating Article 22(1). The respondent opposed bail, arguing that the petitioner was remanded within 24 hours of arrest and that he was a habitual offender involved in another NDPS case. The court analyzed the timeline and found that the petitioner was arrested on 28.12.2023 at 22.00 hours, but his confession was recorded on 30.12.2023 and 31.12.2023, and he was remanded only on 01.01.2024. The court held that this delay violated Article 22(2) and Section 58 BNSS, and the non-furnishing of grounds of arrest violated Article 22(1). The court also noted that the rigour of Section 37 of NDPS Act would not apply when there is a violation of fundamental rights. Accordingly, the court granted bail to the petitioner on certain conditions.
Headnote
A) Criminal Procedure - Bail - NDPS Act - Section 37 - Rigorous conditions for bail under NDPS Act - However, violation of fundamental rights and procedural safeguards can override the rigour of Section 37 - Held that when there is violation of Article 22(2) and Section 58 BNSS, the accused is entitled to bail notwithstanding the bar under Section 37 NDPS Act (Paras 5-7). B) Constitutional Law - Right to be produced before Magistrate within 24 hours - Article 22(2) - Section 58 BNSS - Arrest and remand - Petitioner arrested on 28.12.2023 but produced before Magistrate only on 01.01.2024 - Delay of more than 24 hours - Held that such delay violates Article 22(2) and Section 58 BNSS, entitling the accused to bail (Paras 3, 5-7). C) Criminal Procedure - Grounds of arrest - Non-furnishing - Article 22(1) - Petitioner not furnished with grounds of arrest - Held that non-furnishing of grounds of arrest is a violation of Article 22(1) and a ground for bail (Para 3).
Issue of Consideration
Whether the petitioner is entitled to bail on the ground of violation of Section 58 of BNSS and Article 22(2) of the Constitution of India due to delay in production before the Magistrate and non-furnishing of grounds of arrest.
Final Decision
The court allowed the bail petition and ordered the release of the petitioner on bail subject to conditions including executing a bond for Rs. 25,000 with two sureties, reporting before the NCB office daily, surrendering passport, and not tampering with evidence.
Law Points
- Bail
- NDPS Act
- Section 37
- Section 58 BNSS
- Article 22(2) Constitution of India
- Violation of procedural safeguards
- Delay in remand
- Non-furnishing of grounds of arrest
