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No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process

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Judgment 29.9.2025 of the High Court of Bombay in Criminal Writ Petition (Stamp) No.23953 of 2024 of Vasantha Perampally Nayak Vs.  State of Maharashtra and others

Illegal Arrest & Misuse of Powers of Arrest – Disputes of Partnership Firm – Illegal Addition of Section 409 to make the offence non-bailable

In 1999, the complainant and the petitioner formed partnership firm for the business of perfume oils.  In 2013, the petitioner had retired on account of disputes.   The partnership was re-constituted with the complainant and another partner.

On 24.9.2024, the DCP, Bandra, granted permission for the registration of FIR for offences under Sections 420, 406, 465, 477A read with Section 34 of the IPC, on the complaint of the first informant.

On 26.9.2024, however, the respondent no.4 registered the FIR for the said offences and also Section 409 of the IPC.

On 23.10.2014, the petitioner was arrested in Karnataka, he was given transit remand for two days and thereafter, the petitioner was in policy custody for 20 daysfrom  25.10.2024 till 4.11.2024.

No arrest can be made because it is lawful for the police to do so.   The existence of the power to arrest is one thing.  The justification for the exercise of it is quite another.   The police officer must be able to justify the arrest apart from his power to do so.   Arrest and detention in police lock up of a person can cause incalculable harm to the reputation and self-esteem of a person.

Arrest brings humiliation, curtails freedom and casts scars forever.  The Apex Court has time and again frowned on unnecessary arrests even in non-bailable offences.

Gross abuse of law resulting in the petitioner’s arrest and his custody of 20 days in jail.

Imposition of compensation of Rs.1 lakhs payable to the petitioner and directions to conduct departmental inquiry.

Deliberate Addition and Misuse of Section 409 Offence to make illegal arrest of the petitioner.

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