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Time of India
3 days ago
- Time of India
Accused should be produced in court within 24 hours of detention: HC
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. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
The Hindu
3 days ago
- Politics
- The Hindu
24-hour span to produce accused before magistrate begins when the person is detained: HC
The Kerala High Court has said the 24-hour period to produce an accused before a magistrate commenced from the time the person is effectively detained or his/her liberty curtailed, and not from the time of arrest that the police recorded. A Bench of Justice Bechu Kurian Thomas said the non-recording of arrest under one pretext or another was often resorted to under the guise of investigation. Police brutalities generally occured during these periods of uncontrolled authority. Unless there was a check, such unrecorded periods of custody could be the source of human rights violations, the court observed. The Constitution mandates that the person arrested be produced before the nearest magistrate within 24 hours of the arrest. Other than the time needed to reach the magistrate court from the place of arrest, there is a peremptory prohibition that the person arrested shall not be detained beyond the said period without the magistrate's authority, it said and granted bail to Biswajit Mandal of West Bengal, who had been arrayed as accused in a drug case. Mr. Mandal contended that he was detained beyond the 24-hour period, in violation of constitutional and statutory prescriptions and had sought bail. To decide the legal issue regarding when the 24-hour period began, the court had appointed Nikhina Thomas and Neha Babu, second-year students of Ramaiah College, Bengaluru, as amici curiae for providing assistance.
New Indian Express
4 days ago
- Politics
- New Indian Express
24 hour period to produce accused begins from detention: Kerala HC
KOCHI: In a landmark judgment, the Kerala High Court on Tuesday held that the 24-hour period to produce an accused before the magistrate commences from the time the person was effectively detained or his liberty curtailed, not when the actual time of arrest is recorded by the police. The court pointed out that the technique of not recording the arrest under one pretext or another is often resorted to under the guise of investigation. Police brutalities generally occur during these periods of uncontrolled authority. Unless there is a check, such unrecorded periods of custody can be the source of human rights violations, the HC said. Justice Bechu Kurian Thomas observed that the Constitution mandates that the person arrested be produced before the nearest magistrate within 24 hours of the arrest. Other than the time necessary to reach the court of the magistrate from the place of arrest, there is a peremptory prohibition that the person arrested shall not be detained beyond the said period without the magistrate's authority. The court issued the order while granting bail to Biswajit Mandal of West Bengal, an accused in a drug case, who argued that he was detained beyond the 24-hour period in violation of the constitutional and statutory prescriptions and hence ought to be released on bail. To decide the legal issue – when does the 24-hour period to produce an accused before the magistrate commences – the court appointed Nikhina Thomas and Neha Babu, second-year students of Ramaiah College, Bengaluru, as amici curiae for assistance.
