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TMI Blog2025 (2) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... showing medical checkup of the petitioner and the inspection memo. It is crystal clear from the arrest memo that such memo is attested by a driver who is neither a member of the petitioner's family, nor a person of the locality from where the arrest is made. Therefore the arrest is in violation of the instruction issued by the authority as well as the mandate laid down by the Hon'ble Supreme Court in the authority in D.K. Basu [1996 (12) TMI 350 - SUPREME COURT]. Conclusion - Since the arrest of the petitioner is in violation of the instruction issued by the authority as well as the mandate of the Hon'ble Supreme Court in D.K. Basu, such lapse on the part of the opposite party cannot be termed as a mere irregularity and in fact vitiates th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 (5) of the Act. The arrest memo demonstrates that the ground of arrest was explained to the petitioner and his relative was also informed about the arrest. The arrest has been witnessed by one Om Prakash Kumar, driver who is a resident of Beliaghata Road, Tangra. Placing reliance on the authorities in Ajmer Singh v/s. State of Haryana reported in (2010) 3 Supreme Court Cases 746, Directorate of Revenue Intelligence, Calcutta Zonal Unit reported in 2014 Supreme Court Cases OnLine Cal 10481 and Kashif Mahfuz Shaikh and another reported in 2023 Supreme Court Cases OnLine Cal 4188, learned counsel submits that absence of endorsement of a local respectable person in the arrest memo may at best be considered to be a mere irregularity and cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2025 authorizing arrest of the petitioner, the arrest memo, grounds of arrest, arrestee's profile, thumb impression of the arrestee, information of arrest to the nearest relative, handing over of personal belongings, documents showing medical checkup of the petitioner and the inspection memo. It is crystal clear from the arrest memo that such memo is attested by a driver who is neither a member of the petitioner's family, nor a person of the locality from where the arrest is made. Therefore the arrest is in violation of the instruction issued by the authority as well as the mandate laid down by the Hon'ble Supreme Court in the authority in D.K. Basu (supra). 6. The judgment of Ajmer Singh (supra) deals with offence under the Narcotic Drug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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