Criminal Procedure Code, 1973
Section 439—Bail—Non-communication of ground of arrest—Case under NDPS Act—Information about ground of arrest to accused is mandatory—Information of the grounds of arrest must be provided to the accused person in a manner that sufficient knowledge of the arrested person in such a manner that sufficient knowledge of the basic facts constituting, the grounds is imparted and communicated to the arrested person effectively in the language which he understands. It is the burden of the Arresting Officer or the Investigating Officer to prove compliance of Article 22(1) of the Constitution of India—While arresting the petitioner, the Arresting Officer has violated the provisions of Article 22(1) of the Constitution of India and Section 52(1) of the NDPS Act by not informing the ground of arrest to the petitioner at the time of arrest of the petitioner—Bail granted.
[Paras 23 to 27]
Section 439—Bail—Denial of legal aid in NDPS Case—Neither the Chief Judicial Magistrate before whom the petitioner was produced after arrest nor the Sessions Judge before whom the petitioner was produced, on completion of police remand, have provided the petitioner a suitable advocate from legal aid as on both days the petitioner was undefended and none appears on behalf of the petitioner—High Court orders action against Judicial Officers for denial of legal aid—Bail granted.
[Paras 30 & 31]