RAASHI SANJAY TRIPATHI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This is a writ petition instituted seeking a writ of habeas corpus directing the respondent to produce the mother of the petitioner who is under judicial custody in connection with O.R. No.1/2025 of NCB, Cochin zone, a case registered alleging commission of offences punishable under Ss. 20(b)(ii)(c) r/w 8(c) and 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

(2.) The relevant facts, as borne out from the pleadings of the parties and the files, are the following:

(3.) According to the writ petitioner, the requirement under Article 22(1) of the Constitution, that the grounds of arrest must be communicated to the arrestee, has not been complied with in this case. Furthermore, the writ petitioner contends that the arrestee was not produced before the Magistrate within 24 hours of her arrest, thereby constituting a gross violation of the constitutional mandate contained under Article 22(2) of the Indian Constitution. Hence, it is submitted that both the arrest and the consequent remand are illegal, and the accused is entitled to be set at liberty forthwith.