JEAUL SHEIKH @ SENAUL Vs. RAKIB MOLLA @ MOLLA

JUDGEMENT

(1.) BSF apprehended the petitioner of CRM (NDPS) 573 of 2025 Zanaul Seikh @ Senaul on 26/2/2025 at about 03.30 a.m. and petitioner of CRM (NDPS) 581 of 2025 Rakib Molla @ Molla was apprehended by BSF at about 7.40 p.m. on 20/4/2025, with commercial quantity of codein phosphate cough syrup in their possession. It is alleged by counsel for petitioners in both the cases that both the accused persons were produced before the court after 24 hours of their confinement, violating mandate of the constitution as well as provisions of BNSS.

(2.) Petitioner of CRM (NDPS) 573 of 2025,was apprehended at 3.30 a.m. on 26/2/2025 but police registered case at 7.30 p.m. on the same day, when he was produced before police by BSF and the petitioner was produced before court at 10.30 a.m. on 27/2/2025. Similarly, in case of CRM (NDPS) 581 of 2025, petitioner was apprehended by BSF on 20/4/2025 at 19.40 hrs but FIR was registered on next date i.e. 21/4/2025 at 15.05 hrs and produced before court on 22/4/2025 at about 10.30 a.m.

(3.) Petitioners' respective counsels argument is that petitioners' were detained in custody for more than 24 hrs before they were produced before court, in violation of article 20 (2) of the Constitution of India, read with sec. 57 of the Cr.P.C., corresponding to sec. 58 of the BNSS. Counsel for the petitioners further argued that the investigating agency while arresting the petitioners, failed to communicate with them or any person nominated by them, with grounds of arrest either orally or in writing and thereby making it difficult for them to seek legal advice and to prefer an application for their release on bail before the Court concerned in time.