Court dismisses petition challenging remand order, confirms compliance with Bharatiya Nagarik Suraksha Sanhita, 2023, and Supreme Court judgments.
In a significant ruling, the Madras High Court, Madurai Bench, has dismissed a petition challenging the validity of a remand order in a case involving alleged narcotics smuggling. The petitioners, Dhetchinamoorthy @ Dakshinamoorthy and others, were seeking to set aside the remand order issued by the Munsif Cum Judicial Magistrate, Kilvelur, on grounds of procedural lapses during their arrest.
The case, which pertains to Crime No. 143 of 2024 registered at Keelaiyur Police Station, Nagappattinam District, involved allegations against the petitioners under various sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for attempting to smuggle 200 kg of ganja into Sri Lanka. The petitioners contended that the arrest memo was defective as it did not contain full particulars, and that the intimation of arrest was not communicated in writing to their relatives.
Presiding over the matter, Justice R. Vijayakumar examined the procedural aspects of the arrest and concluded that the arrest memo was handwritten, included the grounds of arrest, and was attested by witnesses and countersigned by the accused. The court observed that the grounds of arrest were communicated in writing to the accused, thereby satisfying the procedural safeguards under Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Furthermore, the court addressed the petitioners' contention that arrest intimation must be in writing to relatives. Justice Vijayakumar clarified that Section 48 of the BNSS does not mandate written communication to relatives, and that phone calls and SMS notifications to the accused persons' family members were sufficient. The court noted that no affidavits were filed by the relatives challenging the information provided.
The court also dismissed the petitioners' argument that the challenge to the remand order was valid, terming it an afterthought following unsuccessful bail attempts. The court confirmed that the arrest and remand procedures adhered to statutory and judicial requirements, and upheld the remand order.
The ruling underscores the importance of compliance with procedural norms in arrest and remand cases, emphasizing the need for clear communication of grounds of arrest to the accused and appropriate notification to relatives.
Bottom line:-
Compliance with procedural safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and judgments of the Supreme Court regarding arrest and intimation of grounds to accused and relatives.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 36, 48.
Dhetchinamoorthy @ Dakshinamoorthy v. State, (Madras)(Madurai Bench) : Law Finder Doc id # 2937380
