MARGAO
A Nigerian national arrested by the Canacona police in February last under the provisions of Narcotic Drugs and Psychotropic Substance, 1985 (NDPS) Act was granted bail by the South Goa Sessions Court on Saturday on a single ground that the accused was not produced before the Magistrate within 24 hours of his arrest as mandated by the Constitution of India.
Arrest timing crucial
What apparently went in favour of the accused was the timing of his arrest on February 4, 2026. While the Canacona police showed his formal arrest as 16.58 hours, the defence referred to the search and seizure panchanama wherein it was shown that the accused was surrounded by the raiding team at 12.10 hours on the same day. Considering the ruling of the Bombay High Court in the case of Aleksander Kurganov (supra), the court held that the time of actual arrest is 12.10 hours on February 4 and not 16.58 hours.
Bail conditions
Additional Sessions Judge-II Sudhir S Shirgaonkar ordered the release of the accused on a host of conditions, including the condition that the accused should furnish a bond of Rs 1 lakh with two sureties, with a condition that
cash surety shall not be accepted.
24-hour breach
The defence lawyer harped on the single technical point that the accused was not produced before the Magistrate within 24 hours from the time of his arrest and that it has violated Article 21 and 22 of the Indian Constitution. He further stated that such a violation is very serious and that complying with the constitutional mandate is superior to any other law including Section 37 of the NDPS Act.
Constitutional safeguard
“It can be safely concluded that the time of arrest in the present case on 12.10 hours on 04/02/2026. Further, the action of police in showing the arrest at 16.58 hours is not explained at all. In the matter in hand, the question is of non-production of the applicant within 24 hours from the time when movements of the applicant were controlled by police. Thus, Article 22(2) of the Indian Constitution is violated in this case including Section 187(1) of the BNSS, 2023,” the Judge observed.
BAIL CONDITIONS
Personal bond of Rs 1 lakh with two sureties of like amount; cash surety not accepted
IO to verify sureties within three days and submit report before release
Passport to be deposited with the court; no travel outside Goa or India without court permission
Residential address, mobile number and other contact details in India to be furnished and physically verified within three days
Register with FRRO within one week of release and inform the IO and court
Affidavit to be filed detailing source of income/funds in India and bank accounts, if any
IO to inform the applicant’s country-of-origin embassy about his involvement in the alleged crime
Sureties to create a lien/charge equal to the surety amount on their property
Pan card, passport and recent colour passport-size photograph to be submitted
Applicant to comply with all bail conditions and not leave Goa or India without court permission
