HC Directive to Chief Secy, DGP: Outline Grounds of Arrest When Exercising Power Without a Warrant

GUWAHATI: The Gauhati High Court has directed the State Chief Secretary and the Director General of Assam Police to ensure that law enforcement agencies properly specify the grounds of arrest when exercising the power of arrest without a warrant.

The Court stressed that under Section 47 of the BNSS, 2023, and relevant provisions of special laws such as Section 52(1) of the NDPS Act, 1985, authorities must provide a notice at the time of arrest. This notice should contain full details of the offence, the nature of the accusations, and the facts justifying the arrest.

Failure to comply with this requirement, the Court noted, would render the arrest invalid, as it would violate constitutional mandates. Additionally, the Court ordered that copies of this directive be sent to the Chief Secretary, the Director General of Assam Police, and the Director of the Judicial Academy, Assam, to raise awareness of the legal obligations surrounding arrests.

This directive was issued during the hearing of a bail petition filed by Sakib Choudhury, represented by advocates Bijon Kumar Mahajan and Arshad Choudhury.

Choudhury, along with four others, is accused of committing bank fraud by transferring money from target accounts to their own receiver accounts. The accused allegedly worked with hackers capable of cloning target accounts to facilitate fraudulent transactions.

Arrested from a hotel in Mangaldai in January, Choudhury is suspected of operating multiple accounts under the names of firms, companies, and NGOs, with a network spanning across the country.

The defence lawyers contended that the arresting authority failed to inform the accused of the grounds of arrest, which include full particulars of the offence. They argued that this failure violated Choudhury’s constitutional rights under Article 22(1) of the Indian Constitution and his statutory rights under Section 47 of the BNSS, 2023.

On behalf of the State, Additional Public Prosecutor RR Kaushik opposed the bail, stating that there was sufficient incriminating evidence against Choudhury in the case diary.

After reviewing arguments from both sides, the High Court granted bail to Choudhury on the condition of furnishing a bail bond of Rs 50,000 with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Darrang, subject to specific conditions.