Arrest--Article 22(2)--Delay in Production Before Magistrate Beyond 24 Hours Violates Constitutional Mandate and Subsequent Remand Cannot Cure the Illegality
Failure to produce an arrested person before a Magistrate within 24 hours of arrest violates Article 22(2) of the Constitution. Such illegality in detention cannot be cured by a subsequent remand order. An accused is entitled to be released on bail on this ground alone, notwithstanding the nature of the offence or the rigours of special enactments such as Section 37 of the NDPS Act. Mere procedural objections raised by the prosecution do not override the constitutional mandate of timely production before a Magistrate.
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