HARISH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226/227 of the Constitution of India, 1950 read with Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS") against Order dtd. 2/6/2025 and 5/6/2025 of the Ld. ACJM, Delhi in regard to remand, arising out of FIR No.132/2025 registered on 2/6/2025 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") Police Station Crime Branch, Delhi.

(2.) The brief facts of the case are that on 1/6/2025, the Petitioner was apprehended and arrested for unlawfully carrying 15 boxes of Spasmo Proxyvon Plus (Tramadol, Dicyclomine, Acetaminophen) consisting of 2160 capsules (painkiller medicine), without Invoice or Bill for the said capsules. The Petitioner was detained on 1/6/2025 at around 2:15 P.M. and FIR No. 132/2025 was registered on 2/6/2025, on which date he was produced before the Ld. ACJM.

(3.) It is submitted that on said date, the Case Diary was not produced by the Respondent Authority before the Ld. ACJM. It was also observed that the grounds of arrest were not properly supplied to the Petitioner. Therefore, on the grounds of non-production of the Case Diary and the non-supply of grounds of arrest, Ld. ACJM directed the release of Petitioner. It was also observed that the release was only on "technical grounds" and thereby, granted an opportunity to the Respondent Authority to re-arrest the Petitioner after completion of documentation.