The Madras High Court, in relief to an accused who was produced before the Magistrate beyond the twenty-four-hour deadline, has granted him bail and cancelled his remand.

The Court was considering a Petition against an order of the Sessions Judge ratifying the illegal arrest of the Petitioner by remanding him to judicial custody.

The Bench of Justice CS Dias held,"From the admitted facts, the petitioner was produced before the Magistrate beyond the twenty-four-hour deadline, which is peremptory and sacrosanct. Although the learned Sessions Judge found this breach, he erred by not enlarging the petitioner on bail. This enabled the Police to subvert the constitutional safeguard by arresting the petitioner from the precincts of the prison, rendering Annexure 2 order nugatory. The above action warrants interference to undo the consequences of an arrest that stands vitiated."

The Petitioner was represented by Advocate P. Mohamed Sabah, while the Respondent was represented by Public Prosecutor M. P. Prasanth.

Facts of the Case

The Petitioner was arrested for allegedly committing the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The grievance of the Petitioner was that he was produced before the well beyond the mandated period of twenty-four hours under Article 22(2) of the Constitution of India.

It was the Petitioner's case that although he filed an Application for bail before the Court of Session, Sessions Judge, only ordered the Superintendent, District Jail to release the petitioner without enlarging him on bail.

However, immediately after his release, the Police re-arrested the Petitioner on the precincts of the prison, produced him before the Court, and he was remanded to judicial custody.

It was the Petitioner's case that his rearrest is patently illegal and unjustifiable and the Sessions Judge ought to have enlarged him on bail, rather than merely ordering his release.

Counsel for the Petitioner relied on Supreme Court's decision in Directorate of Enforcement v. Subhash Sharma (2025) to contend that once the Sessions Judge entered a finding that the petitioner was produced before the Magistrate after twenty-four hours, the arrest itself stood vitiated. It was further contended that it was then imperative for the Sessions Judge to enlarge the Petitioner on bail and that mere direction to release the Petitioner from jail, without granting him bail, has emboldened the Police to re-arrest the Petitioner and made a mockery of the order, and circumvented the constitutional safeguard.

On the other hand, the Public Prosecutor contended that Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Police to re-arrest the Petitioner. It was submitted that the Petitioner was re-arrested and remanded to judicial custody invoking the said power and considering the rigour under Section 37 of the NDPS Act.

He submitted that the Petitioner can now be enlarged on bail, only if he satisfies the twin conditions under Section 37 of the NDPS Act.

Reasoning By Court

The Court at the outset stated that Article 22 (2) expressly guarantees that no arrested person shall be detained beyond twenty-four hours without being produced before the nearest magistrate and that such person shall not be detained in custody beyond such period without the authority of a magistrate.

Stressing that it is not merely a procedural safeguard but a fundamental bulwark against Police excess, to ensure that the personal liberty guaranteed under Article 21 has not rendered a mirage, the Court referred to Supreme Court's decisions in Khatri and others (11) v. State of Bihar and others, 1981 and Directorate of Enforcement v. Subhash Sharma, 2025.

It thus granted the accused bail and cancelled his remand.

The Petition was accordingly allowed.

Cause Title: Muhammed Nashif U v. State of Kerala (2025:KER:89635)

Appearances:

Petitioner- Advocates P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R. Gayathri, M. Mahin Hamza, Alwin Joseph and Benson Ambrose

Respondent- Public Prosecutor M. P. Prasanth

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Madras High CourtJustice CS Dias

Sheetal Joon