NAVNEEN SIYARAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. F.I.R. No.707 of 2024 came to be registered with Sahar Police Station invoking Ss. 327, 125 and Sec. 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Sec. 3(1)(c) of the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982. On completion of investigation, the charge sheet was filed in the said offence against the Accused Nos.1 to 5 on 11/10/2024. However, as far as the Petitioner is concerned, he being arraigned as accused No.6, was declared to be absconding and a Look Out Circular was issued against him in September, 2024 by the Deputy Commissioner of Police, Zone-VII, Mumbai.

(2.) It is the claim of the Petitioner that he was unaware of the offence being registered him since he was resident of Congo and on 04/08/2025, he arrived in India by Ethiopian Airlines Flight No.ET-0686 and landed at Indira Gandhi International Airport, New Delhi at 08:25 hours. In light of the Look Out Circular issued, he came to be detained by the Bureau of Immigration and on 14:48 hours, his custody was handed over to the IGI Airport Police Station, New Delhi. However, since the offence was registered with Sahar Police Station, the officials from the Police Station were intimated and they arrived in New Delhi, and on 05/08/2025 at 05:33 hours his custody is handed over to official from Sahar Police Station, Mumbai where C.R. No.707 of 2024 was registered. The Petitioner was thereafter produced before the 65 th Metropolitan Magistrate, Andheri, Mumbai at 15:20 hours and he was remanded to police custody for a period of three days and subsequently on 07/08/2025, he is remanded to Judicial custody.

(3.) The Petition raises a challenge to his arrest, effected in above situations on the ground that the required statutory formalities before effecting his arrest, are not complied with and the prominent among various grounds raised in the Petition is, the arrest being effected without communication of the grounds of arrest.