Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
On 14.5.2025 at about midnight on the oral complaint and statement of the petitioner’s brother, FIR was registered with Malabar Hill Police Station at 0214 hours, in respect of MoU dated 15.8.2024 and the distribution of money between the parties.
After FIR, the Look out notice was issued and the complaint was sent to the EoW for offences under Sections 316(5) and 318(4) of BNS.
According to the petitioner, during mediation on the dispute, the criminal complaint was filed and he was apprehended at Delhi airport on 17.5.2025 while leaving for Muscat.
The petitioner was detained in immigration office at Delhi Airport at 1730 hours on 17.5.2025 and produced before the Magistrate at 2245 hours on 18.5.2025. He was remanded to the policy custody till 21.5.2025, 26.5.2025 and 6.6.2025.
HELD that the act of the Immigration Officer to accost the petitioner or detain him on 17th May 2025 at 1730 hours is the act of arrest and therefore, the period of 24 hours under Section 58 of the BNSS and Article 22(2) of the Constitution of India shall begin on 17th May 2025 at 1730 hours. The petitioner was produced before the Magistrate at 2245 hours on 18th May 2025 beyond 24 hours from such arrest. Hence, there is violation of the petitioner’s right guaranteed under Article 21 of the Constitution of India for non-compliance with Section 58 of the BNSS and Article 22(2) of the Constitution of India.
The intention of the petitioner to keep in custody was to recover the amount that was sought to be settled in the mediation between the family members.
The EoW said that the grounds of arrest were given to the father of the petitioner and his lawyer. In fact, the father has filed complaint against the petitioner. Thus, ground of arrest given to the father is not compliance of Section 48 of the BNSS. No material or record showing that the petitioner had ever nominated or disclosed his father or his lawyer’s name for giving grounds of arrest as contemplated under Section 48 of the BNSS.
Considering the nature of the dispute and the allegations made against the petitioner, we did not find any such tearing hurry to initiate action to take the petitioner into custody with such zeal and enthusiasm.
Judgment dated 30.5.2025 of the High Court of Bombay in Criminal Writ Petition No.2989 of 2025 of Hemang Jadavji Shah Vs. The State of Maharashtra and others.
