Arrest Memo With Pre-Registered FIR Number Makes Arrest Prima Facie Illegal: Uttarakhand High Court

The Uttarakhand High Court has held that an arrest may be considered prima facie illegal if the arrest memo and related documents bear an FIR number that had not yet been registered at the time of arrest.

The Court observed that mentioning a non-existent FIR number creates serious doubt regarding the genuineness of the prosecution’s version and procedural compliance.

Granting bail in an NDPS case, the Court emphasized that procedural safeguards in criminal law cannot be ignored, especially in stringent statutes like the Narcotic Drugs and Psychotropic Substances Act.

[Mursaleen v. State of Uttarakhand]