logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 MHC 7288 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : CRL. OP.(MD). No. 22259 of 2026
Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
Parties : Krishnamurthy & Another Versus The Union of India, Rep. by, The Inspector of Police, NCB, Narcotics Control Bureau, Chennai
Appearing Advocates : For the Petitioners: J. Vijayaraja, Advocate. For the Respondent: M/s. Arul Vadivel @ Sekar, Special Public Prosecutor.
Date of Judgment : 05-10-2026
Head Note :-
BNSS - Section 528 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 528 of BNSS
- Article 22 of the Constitution of India
- Article 21 of the Constitution of India

2. Catch Words:
- Grounds of arrest
- Remand report
- Fundamental right
- Bail

3. Summary:
The petitioners A5 and A6 sought a certified copy of their grounds of arrest under Section 528 of BNSS, alleging violation of Article 22. The trial court had refused, citing the pending investigation and the document’s inclusion in the remand report. The Special Public Prosecutor contended that the grounds had already been served. Citing a 2025 Supreme Court decision that non‑communication of arrest grounds violates Articles 21 and 22, the court set aside the trial court’s order. It directed the trial court to furnish the requested copy of the grounds of arrest. The petition is disposed of in favour of the petitioners.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: This petition filed under Section 528 of BNSS to call for records of the impugned copy application returned in C.A.No.11519 of 2026 dated 19.09.2026 on the file of the Learned Principal Additional Sessions and District Judge, Special Court For NDPS and EC Cases, Madurai return in connection with the complaint No.NCB F No.48/1/12/2026/NCB/MDS of the respondent police and set aside the same and direct them to issue the certified copy of Grounds of arrest if any available forthwith.)

1. The present petition has been filed by A5 and A6 in NCB F No.48/1/12/2026/NCB/MDS, seeking a direction to the learned Principal Sessions and District Judge, Special Court for NDPS and EC Act Cases, Madurai to set aside the order of return passed in the emergent copy application, wherein the petitioners are requested for furnishing a copy of the grounds of arrest of A5 and A6.

2. Perusal of the impugned return order indicates that it forms part of the remand report, and therefore, when the case is pending investigation, the same cannot be furnished to the petitioners at this stage.

3. According to the learned counsel appearing for the petitioners, furnishing the grounds of arrest is their fundamental right, as contemplated under Article 22 of the Constitution of India. The petitioners would like to challenge the order of remand on the ground that the grounds of arrest have not been furnished to them and Article 22 of the Constitution of India has not been complied with. In such circumstances, the petitioners cannot be made to wait till the filing of the charge sheet.

4. The learned Special Public Prosecutor appearing for the respondent submits that they have already served a copy of the grounds of arrest to the petitioners at the time of arresting them and they have no objection for furnishing a copy of the same through the Court.

5. Heard the learned counsels on either side and perused the materials available on record.

6. As could be seen from the return order, the trial Court has rejected the request to the petitioners for furnishing a copy of the grounds of arrest on the ground that investigation is pending and the document sought for by the petitioners is part of the remand report.

7. The Hon’ble Supreme Court in its Judgment reported in 2025 LiveLaw Weekly (Supreme Court) 169 has held that communication of the grounds of arrest to the accused person is governed by Article 22(1) of the Constitution of India. The non-compliance of the same renders the arrest illegal. The Hon’ble Supreme Court has further held that such violation constitutes a breach of fundamental rights under Article 21 and 22 of Constitution of India, warranting the immediate release or grant of bail, even in the presence of the statutory restrictions.

8. In the light of the aforesaid decision of Hon’ble Supreme Court, it is clear that the petitioners cannot be made to wait till the final report is filed so as to serve upon them a copy of the grounds of arrest. In such circumstances, the order of return is set aside and the trial Court is directed to furnish a copy of the grounds of arrest of the petitioners herein.

9. With the aforesaid observations, this Criminal Original Petition stands disposed of.
 
  CDJLawJournal