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Bombay HC: NDPS Seizure Panchanama Cannot Substitute Written Grounds of Arrest

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Summary

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  • The Bombay High Court has declared the arrest of Hanuman Choudhary illegal, citing violations of constitutional rights under Articles 21 and 22.
  • The court found that the memorandum panchanama did not adequately communicate the grounds for his arrest as required by Section 50 of the Code of Criminal Procedure and Section 52(1) of the NDPS Act.
  • Choudhary was arrested in connection with FIR No. 131 of 2024 for alleged possession of mephedrone, but the court ruled that he was not informed of specific facts justifying his arrest.
  • This ruling emphasizes the necessity for law enforcement to adhere strictly to procedural safeguards during arrests, potentially impacting future NDPS cases.

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