Gauhati HC blasts police for constitutional lapses in arrest, orders bail for NDPS accused
Justice Goswami also urged the state government to take immediate steps to enforce strict compliance with arrest protocols
A file image of Gauhati High Court (AT Photo)
Guwahati, May 7: The Gauhati High Court has sharply criticised police officers for ignoring mandatory constitutional rules during arrests, warning that such lapses could force courts to grant bail even in serious cases.
While granting bail to an accused under the NDPS Act, Justice Kaushik Goswami expressed strong disapproval of the arresting authorities’ failure to inform the person of the grounds for their arrest, as required by Article 22 of the Constitution.
"I would like to pen down my dissatisfaction and displeasure as regards the non-compliance of the constitutional requirement of informing the arrestee his right under Article 22… the constitutional court is left with no option but to grant bail even in serious offences under Special Acts." Justice Goswami observed.
Justice Goswami also urged the Chief Secretary to the Government of Assam to take immediate steps to enforce strict compliance with arrest protocols, including the formulation of guidelines to make investigating officers accountable for procedural lapses.
"It cannot be ruled out that the compliance of the mandatory requirement relating to arrest is also capable of being misused by the arresting authority at times," the court observed.
The accused in the case had been in custody for more than two years after cannabis was allegedly recovered from a drum in his room during a police raid.
He was charged under Section 20(b)(ii)(c) of the NDPS Act. However, his counsel argued that the arrest was vitiated by the police’s failure to follow mandatory procedures laid down under the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, and that the accused had not been properly informed of the charges against him.
The court took serious note of these lapses and cited the Supreme Court’s ruling in Prabir Purkayastha v. Union of India, reiterating that the constitutional rights of arrestees under Articles 21 and 22 must be upheld.
Stressing that courts cannot remain mute spectators to such violations, the judge directed the Chief Secretary to initiate measures for sensitising police officers on arrest protocols and ensuring accountability in future cases.