A special court in Mumbai has declared the arrest of a suspect in a Rs 2 crore hashish seizure case illegal, citing a violation of the mandated 24-hour production rule. The court ordered the immediate release of the accused, Shahrukh Shaikh, who was arrested by customs officials.
Case Background
The customs' special intelligence and investigation branch (SIIB) intercepted a package meant for delivery and discovered approximately 1.6 kg of hashish concealed inside plastic-wrapped soap boxes. The package was addressed to a residence in Bhoiwada, Dadar. Officials decided to set up a trap at the location, but when the postman arrived, no one was present. Neighbors informed that the house had been locked for years. The postman attempted to contact the recipient via the phone number on the package but was unsuccessful.
The following day, the post office notified customs that Shahrukh Shaikh had tried to claim the package by submitting his Aadhaar card. However, there were discrepancies in the name and address. The consignment was actually addressed to one Hitendra Jain.
Arrest and Court Proceedings
SIIB officials took Shaikh into custody and recorded his statement. He claimed that a friend from Thailand had asked him to pick up the package. Shaikh was booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and produced in court on Wednesday.
Special public prosecutor R K Pathak sought judicial custody, but Shaikh's lawyer, Arun Gupta, opposed it. Gupta argued that Shaikh was formally arrested nearly 12 hours after being intercepted at his residence in the morning and was not produced before the court within 24 hours of interception, violating Section 58 of the Bharatiya Nagarik Suraksha Sanhita.
Court's Decision
Additional chief metropolitan magistrate S K Fokmare rejected the prosecution's explanation that Shaikh was interrogated and medically examined during the intervening period. The court held that such reasons could not be excluded while calculating the 24-hour period. The magistrate noted, "It was for the prosecution/SIIB to produce the accused within 24 hours from his initial interception at 9.20 am or at the most, from the time while leaving the house of the accused, that is, 10.30 am."
The court further observed that there was nothing on record to show that the investigating agency required any journey time to be excluded while computing the statutory period. "From the face of record, it seems that the accused was produced before the court after 24 hours of his interception. Thus, the arrest of the accused is illegal and, hence, [the investigating officer] is directed to release him forthwith," the order stated.
