The Bombay High Court has dismissed a writ petition challenging the legality of an arrest made by the Narcotics Control Bureau (NCB) in connection with a narcotics case. The petitioner had alleged that the arrest was illegal as he was taken into custody on March 27, 2025, but produced before a magistrate only on March 29, thereby violating his fundamental rights under Articles 21 and 22 of the Constitution.
A Division Bench of Justices Ravindra V. Ghuge and Gautam A. Ankhad ruled that the arrest was carried out in accordance with law. The Court observed that the petitioner was served summons under Section 67 of the NDPS Act in Varanasi, after which he travelled to Mumbai on his own ticket. His statement was recorded on March 28 at the NCB’s Mumbai office, and he was formally arrested the same day in the evening. He was produced before the magistrate the following day, within 24 hours of the recorded arrest ?.
Rejecting the plea, the bench held that no illegality was found in the detention process. The judges also clarified that their observations were limited to examining the legality of custody and would not affect the trial on the merits of the narcotics case.
Appearances-
For the petitioner – Mr. Anish Pareira a/w. Mr. Taraq Sayed a/w. Ms. Ashwini Achari
For the Respondent- Mr. S. K. Halwasia a/w. Smt. S.S.Halwasia- No.1/NCB.
Mr. Y. Y. Dabke, Addl. P.P. for the Respondent – No.2-State
