UGOCHUKWU SOLOMON UBABUKO Vs. UOI

JUDGEMENT

(1.) The Applicant claims violation of rights under Articles 21 and 22(2) of the Constitution of India and, on this basis, he claims that his detention stood vitiated and rendered illegal. This is the sole ground raised on his behalf for grant of bail.

(2.) The Applicant is a Nigerian National and he is facing prosecution for offences punishable under Ss. 8(c), 20(b), 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). The Applicant claims that even as per the documents of the Respondent no.1-Narcotic Control Bureau, he stood detained from 6.25 p.m. on 7/3/2021 and he was eventually produced before the Magistrate on 9/3/2021 in the morning at about 10.00 a.m., thereby showing that his right under Article 22(2) of the Constitution stood violated. As per the said Article of the Constitution, every person who is arrested and detained in custody, has to be produced before the nearest Magistrate within a period of 24 hours. It is contended that the said right of the Applicant was violated, thereby showing that his liberty was curtailed without adhering to procedure established by law and that, therefore, his right under Article 21 of the Constitution of India, stood violated.

(3.) Mr. Poulekar, the learned Counsel appearing for the Applicant, in order to support the aforesaid contention, invited attention of this Court to the panchanama dtd. 7/3/2021, executed by the concerned Officer of the Respondent no.1. It was brought to the notice of this Court that the panchanama records that at 6:25p.m., the team of Respondent no.1 reached the house of the Applicant. It is recorded that there was some resistance, wherein the Officer of the Respondent no.1 suffered minor injuries and that the Applicant and another person were taken into control. The panchanama records how the house was searched and that the Applicant as well as the other person were then taken to the Police Station. It is then recorded that contraband was recovered and upon the details of the contraband being recorded, the panchanama proceedings were completed at 1:20 a.m. on 8/3/2021. The learned Counsel further submitted that the Applicant was kept in the Police Station on the entire day of 8/3/2021 and thereafter, on 9/3/2021, he was produced before the Magistrate.