Case Note & Summary
The petitioner, Shirish Hiralal Choudhary, a Corporator from Nandurbar, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitution challenging a notice issued under Section 110(e) and (g) of the Code of Criminal Procedure, 1973 (CrPC) by the Special Executive Magistrate and Police Inspector, Nandurbar. The notice was based on an incident on 14.12.2007 where the petitioner allegedly entered a railway police station with ten to twelve persons, scuffled with police officials, and intimidated them while they were arresting two ladies for illegal transport of country liquor. The petitioner was arrested on 21.12.2007 and detained until 23.12.2007, and was forced to execute an interim bond on 28.12.2007 for one year. The petitioner sought quashing of the notice, cancellation of the interim bond, and compensation for illegal arrest and detention. The court examined the legality of the preventive action under Section 110 CrPC. It noted that the notice under Section 111 CrPC must contain the substance of information received, but the impugned notice merely recited the section without any material to show that the petitioner was a habitual offender or likely to commit offences. The court held that the demand for an interim bond under Section 116(3) CrPC without conducting an inquiry was illegal. The arrest without warrant was also held to be illegal as there was no material to justify it. Consequently, the court quashed the notice and the directions for the interim bond, and directed the State to pay compensation of Rs. 25,000 to the petitioner for his illegal detention from 21.12.2007 to 23.12.2007.
Headnote
A) Criminal Procedure Code - Preventive Action - Section 110(e) and (g) CrPC - Notice under Section 111 CrPC - The notice must contain the substance of information received, not merely a recital of the section. The court held that the notice issued to the petitioner was vague and did not disclose any material to show that he was a habitual offender or likely to commit offences. (Paras 5-7) B) Criminal Procedure Code - Interim Bond - Section 116(3) CrPC - The Magistrate cannot demand an interim bond without conducting an inquiry and being satisfied that immediate measures are necessary. The court held that the demand for interim bond without any inquiry was illegal. (Paras 8-9) C) Criminal Procedure Code - Arrest without Warrant - Section 110 CrPC - Arrest under Section 110 CrPC without warrant is permissible only if the Magistrate is satisfied that the person is likely to commit a breach of peace. The court held that the arrest of the petitioner was illegal as there was no material to justify it. (Paras 10-11) D) Constitutional Law - Compensation for Illegal Detention - Articles 14, 21, 226 - The court held that the petitioner is entitled to compensation for illegal detention from 21.12.2007 to 23.12.2007 as his fundamental rights were violated. (Paras 12-13)
Issue of Consideration
Whether the notice under Section 110(e) and (g) CrPC and the subsequent arrest and interim bond were valid and whether the petitioner is entitled to compensation for illegal detention.
Final Decision
The court allowed the petition. The notice under Section 110(e) and (g) CrPC and the directions for interim bond were quashed. The State was directed to pay compensation of Rs. 25,000 to the petitioner for illegal detention from 21.12.2007 to 23.12.2007.
Law Points
- Preventive detention under Section 110 CrPC requires material to show habitual offending
- not isolated incident
- Notice under Section 111 CrPC must contain substance of information
- Interim bond cannot be demanded without proper inquiry
- Arrest without warrant under Section 110 CrPC is illegal if not in accordance with law
- Compensation can be awarded for illegal detention under Article 21.
