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Section 439 – Cr PC – A person is deemed to be in custody after the police had held him.

April 22, 2025 legaldeli

The petitioner was taken into custody at 7 am on 16.8.2024 at Palanpur in Gujarat. He could have been produced before nearest Magistrate and transit remand could have been obtained.

However, he was taken in a vehicle to Ahmedabad and landed at Mumbai airport at 12 noon. He was arrested at 14.20 hours in EOW office. The reasons for the arrest were informed, medical examination was done, and he was kept overnight in the police lock-up.

He was produced before the Magistrate on 1.15 p.m. on 17.8.2024 and police custody remand was granted till 19.8.2024.

Thus, the petitioner was taken into custody at 7 a.m. on 16.8.2024 and confined in custody beyond 24 hours.

Section 58 of the BNSS does not contemplate the exclusion of the time required for such a journey interjected with several events from Palanpur to Ahmedabad to Mumbai while computing the period of 24 hours. Thus, the detention of the petitioner beyond 24 hours from 7 am on 16.8.2024 is illegal and violative of Article 22(2) of the Constitution of India.

Writ of Habeas Corpus for declaring that the arrest of the petitioner by Kasarwadavli Police Station in the crime for offences under Sections 420, 465, 468, 120(B), 34 of the IPC to be illegal and to quash the remand orders.

The accused was not produced before the jurisdictional Magistrate within 24 hours.

Writ of Habeas Corpus – Detention of the Petition at 7 a.m. on 16.8.2024 is illegal and vitiated in view of completion of 24 hours in custody violating Article 21 of the Constitution of India.

Judgment dated 16.4.2025 of the High Court of Bombay in Criminal Writ Petition No.139 of 2025 of Kaushik Rameschandra Thakkar Vs. State of Maharashtra through PI Kasarwadavali Police & EOW Thane with connected matters

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