Court mandates strict adherence to Supreme Court guidelines on written communication of arrest grounds, expressing concern over police negligence.
In a significant judgment, the Madhya Pradesh High Court has dismissed a habeas corpus petition filed by Dharmendra Lodhi, challenging the arrest of his brother under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court, comprising Justices G.S. Ahluwalia and Anuradha Shukla, has ruled that the arrest was not illegal, citing substantial compliance with communication requirements through a notice under Section 50 of the NDPS Act.
The petitioner's brother was arrested in connection with Crime No. 111/2026 registered at Police Station Basai, District Datia, involving the seizure of 86.850 kgs of Ganja. The petitioner argued that the arrest was unlawful as the grounds were not communicated in writing. However, the court noted that a notice was served to the accused prior to the search, and his brother was informed in writing about the arrest, fulfilling the requirements under Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The judgment underscores the Supreme Court's mandate for written communication of arrest grounds to prevent disputes. The court highlighted previous rulings, including Pankaj Bansal v. Union of India, which emphasized that furnishing written grounds of arrest should be standard practice to avoid confusion and ensure compliance with constitutional safeguards.
Expressing concern over police negligence, the court directed the Police Headquarters to enforce strict adherence to guidelines, warning of departmental action and suspension for violations. The Director General of Police was instructed to issue a circular within one month, reinforcing the importance of written communication to uphold the constitutional rights of arrestees.
The judgment reflects ongoing challenges in police accountability, urging introspection within the department to ensure protection of innocent individuals while prosecuting offenders. The court's directive aims to bolster procedural safeguards and uphold the majesty of law by mandating clear communication of arrest grounds.
Bottom line:-
Arrest under NDPS Act - Grounds of arrest must be communicated in writing to comply with constitutional and statutory safeguards. Substantial compliance through notice under Section 50 of NDPS Act, combined with seizure and written communication to relatives, deemed valid.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 50, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 47, Constitution of India, 1950 Article 22(1)
