(1.) Where an accused is released on the ground that his arrest contravened Article 22(1) or 22(2) of the Constitution, can he be subjected to a fresh arrest for the same offence once the procedural defects are duly rectified? - This is the common question that arises for consideration in this batch of bail applications.
(2.) The applicants in all the bail applications are the accused involved in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"). Though they were released on bail for non-compliance with either Article 22(1) or 22(2) of the Constitution of India, they were rearrested immediately after release. They seek regular bail mainly on the ground that a subsequent arrest in the same crime after the first arrest was found to be illegal, is impermissible in law and violative of Article 21 of the Constitution.
(3.) Considering the importance of the question of law involved, I have appointed Sri.Sreegesh M.K. as Amicus Curiae.
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