AVINASH AASHTIKAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision filed on behalf of the petitioner Avinash Aashtikar is directed against the order dated 17.8.2016 passed by the Court of Sessions Judge, Narsinghpur in crime no.471/2015, whereby the application for releasing the petitioner/accused Avinash Aashtikar was dismissed and he was remanded to the police custody.

(2.) The facts giving rise to this criminal revision may be summarized as hereunder. On the basis of an information received from an informant, the police party of P.S. Suatala caught and arrested the co-accused persons Vinay and Rajaram with 36 kgs. and 13 kgs. of Cannabis (Ganja) respectively, on 29.8.2015. During investigation, the accused persons disclosed that they had purchased the aforesaid Cannabis (ganja) from petitioner Avinash Aashtikar. Crime No.471/2015 under Sections 8/20/25A/27A and 29 of the NDPS Act was registered against the petitioner. P.S.-Suatala tried to arrest the petitioner Avinash Aashtikar. It was learnt that he was arrested in crime no.59/2016 registered by P.S.-Saraswati Nagar, District-Raipur under section 25 of the Arms Act on 17.05.2016 and was confined in Central Jail-Raipur. The P.S. Suatala duly effected his formal arrest in crime no.471/2015 under NDPS Act on 18.05.2016. On the request of the police, a production warrant was issued by the Court of Sessions Judge (Special Judge NDPS Act), Narsinghpur, for securing his presence before that Court from Central Jail-Raipur. Meanwhile, by order dated 19.07.2016, the petitioner Avinash was released on bail by the JMFC, Raipur in crime no.59/2016 under Section 25 of the Arms Act. The petitioner could not be produced before the Sessions Judge, Narsinghpur after his formal arrest from Central Jail-Raipur due to non-availability of security guards. He was ultimately produced before the Sessions Judge, Narsinghpur on 17.8.2016.

(3.) On that date, the SHO, Suatala prayed for police custody of the petitioner. Learned counsel for the petitioner/accused opposed the application for police remand on the ground that the petitioner was arrested in crime no.471/2015 under NDPS Act on 18.05.2016. In view of the mandate of Section 57 of the Cr.P.C., it was incumbent upon the police to have produced the petitioner before the Sessions Judge, Narsinghpur, within 24 hours, excluding the time required for journey from Raipur to Narsinghpur, from the hour of the formal arrest. However, he was produced for the first time before the Sessions Judge, Narsinghpur on 17.08.2016, i.e. about 3 months after his formal arrest; therefore, placing reliance upon the judgment rendered by the Supreme Court in the case of Manoj Vs. State of M.P., 1999 Cr.L.J. 2095, it was argued that the arrest of the petitioner had become otiose and he was liable to be released in the case under NDPS Act.