Accused should be produced in court within 24 hours of detention: HC

Time of India

3 days ago

Kochi: The mandatory period of 24 hours to produce an accused before the magistrate begins from the curtailment of their liberty after being taken into custody, and not from the official recording of their arrest, the high court has held.
Justice Bechu Kurian Thomas delivered the ruling in a bail petition filed by Biswajit Mandal of West Bengal in an NDPS case. Mandal was allegedly found in possession of 26.92kg of ganja at Ernakulam South railway station at 3pm on Jan 25, 2025. His arrest was recorded at 2pm the next day, and he was produced before the magistrate at 8pm. In his petition, Mandal alleged that his arrest was in violation of Article 22(2) of the Constitution and that he was therefore entitled to be released on bail.
The court thus addressed the issue of whether the mandatory 24-hour period to produce an accused before the magistrate starts from the time of arrest as recorded by the police or from the moment the accused is detained.
The court appointed two law interns, Nikhina Thomas and Neha Babu, second-year students of Ramaiah College, Bengaluru, as amici curiae to assist in the matter. Both submitted that the 24-hour clock for production before the magistrate begins from the moment of effective curtailment of liberty, not from the formal recording of arrest.
Referring to various decisions of the Supreme Court, the bench agreed with their contention and held that the period for producing an accused before the magistrate begins when the person is taken into custody. Accordingly, HC granted Mandal bail on the condition that he executes a bond of Rs 1 lakh with two solvent sureties each for the like sum.
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