Arrest--Grounds of Arrest--Absence Of Written Grounds Of Arrest Does Not Ipso Facto Render Arrest Illegal Unless Demonstrable Prejudice Is Established
Failure to furnish written grounds of arrest does not automatically render an arrest illegal unless the accused demonstrates actual prejudice — the "prejudice test" governs alleged procedural lapses relating to arrest. Raising the plea of non-furnishing of grounds of arrest only in subsequent bail applications, and not at the earliest stage, demonstrates absence of impediment in effectively defending the case. The procedural framework requiring written grounds of arrest, as prescribed by the Supreme Court in Mihir Rajesh Shah, operates prospectively from 06.11.2025 and cannot invalidate arrests effected prior to that date. In cases of flagrante delicto involving commercial quantities of contraband, accused persons cannot claim unawareness of the basis of arrest.
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