Arrest being a serious matter cannot be made in a routine manner on mere allegations!
Pranav Mehta
Recently, the Hon’ble High Court of Bombay in the case of Mahesh Gala v. Union of India & Ors, in Criminal Writ Petition No. 938 of 2024 has held that an arrest cannot be executed routinely based solely on allegations of an offence
Facts of the case:
The petitioner arrived at the CGST office at 1:30 pm on 13th March 2024 and was kept overnight and later arrested on the next day i.e. 14th March 2024 at 7:30 pm.
Thereafter, the petitioner was detained with the Police Station, Mumbai, and thereafter, produced before the learned Magistrate on 15th March 2024 at 3:30 pm.
Arguments made by the Petitioner:
The learned Counsel for the petitioner relying upon on the judgment of the Apex Court in the case of Arnab Manoranjan Goswami .......