Court Orders Immediate Release Due to Non-Compliance with Constitutional and Statutory Safeguards
In a landmark judgment delivered by Justice Surya Partap Singh of the Punjab and Haryana High Court on July 13, 2026, the arrest of Sajan Singh by the Anti-Narcotic Task Force in Punjab was declared illegal, leading to his immediate release. The decision came after the court found significant violations in the arrest and remand procedures, which failed to comply with mandatory provisions under the Constitution of India and the Bharatiya Nagarik Suraksha Sanhita, 2023.
Sajan Singh was apprehended on February 9, 2026, under allegations of drug trafficking after 307 grams of heroin were reportedly found in his possession. However, his counsel argued that the arresting officers did not communicate the grounds of arrest to Singh or his family, nor was he provided legal assistance during the initial remand proceedings. These oversights were deemed as violations of Articles 21 and 22(1) of the Constitution, which safeguard the right to personal liberty and the right to be informed of the grounds of arrest.
The judgment emphasized that the arrest memo failed to record the Investigating Officer's satisfaction regarding the grounds for Singh's arrest, violating Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Furthermore, the court noted that the mandatory requirement to inform a nominated family member of the arrest grounds was not fulfilled, rendering the subsequent custody unlawful.
Justice Singh cited previous Supreme Court rulings, including Vihaan Kumar v. State of Haryana and Mihir Rajesh Shah v. State of Maharashtra, which underscore the constitutional mandate to communicate arrest grounds effectively and ensure legal representation during remand hearings. The court affirmed that these procedural lapses not only infringe upon fundamental rights but also invalidate the arrest and remand orders.
The judgment ordered the immediate release of Sajan Singh and permitted the Investigating Agency to file a fresh application for remand, contingent upon adherence to legal safeguards. This decision reinforces the judiciary's role in upholding constitutional rights and ensuring procedural fairness in criminal proceedings.
Bottom line:-
Arrest - Non-compliance with mandatory provisions for arrest and remand proceedings renders the arrest and subsequent custody illegal.
Statutory provision(s): Article 21, Article 22(1) of the Constitution of India, Sections 21 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Sajan Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2941358
