Arrest Begins When Liberty is Restrained: Punjab & Haryana High Court Orders Release in NDPS Case

The Punjab & Haryana High Court ordered the release of an accused in an NDPS case, holding that arrest begins when a person’s liberty is actually restrained not when it is formally recorded by police.

The Court found that the accused had been under continuous control of the authorities well before the official arrest time, and was produced before the Magistrate beyond the permissible 24-hour limit.

It ruled that such detention violates statutory provisions and Article 22(2) of the Constitution.

Emphasising substance over procedure, the Court held that police records cannot override factual custody, and declared the detention illegal.

[Anuj Kumar Singh v. UOI]