PANAJI
The Bombay High Court at Goa has granted bail to Ugochukwu Solomon Ubabuko, a Nigerian national who was arrested by the Narcotics Control Bureau for alleged possession of narcotics on grounds that the police failed to produce him before a magistrate, thus violating his rights under Article 22 of the constitution.
Ubabuko, 39, was arrested on March 7 this year when the NCB barged into the room he was staying in at 6.25 pm on March 7, 2021, and he was eventually produced before the Magistrate on March 9, 2021, in the morning at about 10 am.
Under Article 22 of the Constitution, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest with exception granted to those arrested under preventive sections.
According to the panchanama, the NCB team reached Ubabuko’s home and faced some resistance causing minor injuries to an officer after which Ubabuko and his friend were taken ‘under control’ after which their house was searched and that the Applicant as well as the other person were then taken to the Police Station. It is then recorded that contraband was recovered and upon the details of the contraband being recorded, the panchanama proceedings were completed at 1:20 am on March 8, 2021. He was kept in the Police Station on the entire day of March 8, 2021, and thereafter, on March 9, 2021, he was produced before the Magistrate.
While in on record, Ubabuko was arrested only at 5.30 pm on March 8, Adv Raju Poulekar argued before the High Court that he was under arrest since 6.25 pm the previous day, the point at which the raid began which was the point at which his freedom of movement was curtailed.
