HC holds drug accused's arrest illegal as kin not informed, legal aid not given
Chandigarh, July 16 -- The Punjab and Haryana high court has termed a drug accused's arrest illegalafter he was arrested without written intimation to his family and also not provided legal assistance before being produced in court.
The decision by the high court bench of justice Surya Partap Singh came while allowing the habeas corpus petition of a Punjab resident, Sajan Singh, who was booked in a drugs case at the Sector-79 police station in Mohali on February 9. He was arrested in Ferozepur after police allegedly found 307 gm heroin in his possession.
He approached the high court, claiming that his arrest was illegal. The plea stated that the grounds of arrest were not communicated to him and secondly, the arrest memo was not served upon him, as mandated by law.
In another lapse, he was produced before court without affording him an opportunity to engage a lawyer of his choice to defend him, the plea added.
The court observed that the arrest memo showed that grounds of arrest were never communicated to the family members of the petitioner.
It also found that on February 10 when the accused was produced before the magistrate he was not being represented by any counsel. Holding that the petitioner's arrest was "illegal", the court ordered his release....
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