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Bombay High Court

DEEPIKA AMIT SINGH SAINIversusUNION OF INDIA

Decided
Disposal
Disposed Off

Holding

The detention was unlawful and the detainee was ordered to be released forthwith.

Summary

The petition was filed by the wife of a detainee alleging that his arrest and continued detention were illegal. The detainee had been arrested under Sections 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Chemical analysis of the seized samples revealed that no offence under the NDPS Act was established, and no other offence was recorded in the investigation papers. The Special Prosecutor suggested that the investigating agency could pursue a violation under the Customs Act, although no such allegation was presently documented. The Court ordered the immediate release of the detainee, while permitting the investigating agency to take action under any other applicable law, and directed the jail authorities to be informed. The petition was consequently disposed.

Issues considered

  • Whether the arrest of the detainee under the NDPS Act was lawful in view of the absence of evidentiary support.
  • Whether the continued detention of the detainee is justified despite the lack of a prima facie case.
  • Whether the court may release the detainee while allowing the investigating agency to pursue potential offences under other statutes such as the Customs Act.

Legislation cited

Subjects

  • illegal arrest
  • illegal detention
  • NDPS Act
  • Customs Act
  • release order
  • criminal procedure

Judgment

       Digitally
       signed by
       MEERA
MEERA  MAHESH
MAHESH JADHAV
JADHAV Date:
       2026.09.30
       15:12:26
       +0530


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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
                                CRIMINAL WRIT PETITION NO.4076 OF 2026

                    Deepika Amit Singh Saini                       ...Petitioner

                           Vs.

                    Union of India & Anr.                          ...Respondents

                                                __________
                    Dr. Yusuf Iqbal a/w Mustaga Chitawala, Zain Shroff, Shubhashree
                    Yewale i/b YNA Legal for Petitioner.
                    Mr. Jitendra Mishra Spl. PP a/w Sangeeta Yadav and Umesh Gupta
                    and Ashutosh Mishra for Respondent No.1.
                    Ms Gauri Rao, APP for State/Respondent.
                                                __________

                                       CORAM : SARANG V. KOTWAL &
                                               RANJITSINHA RAJA BHONSALE, JJ.

                                       DATE    : 30th SEPTEMBER 2026.


                    PC :


                    1.        The petition is filed by the Detenu’s wife on the ground

                    that the Detenu’s arrest is illegal and his continued detention is

                    also illegal.

                    2.        Heard, Mr. Yusuf Iqbal Learned Counsel for the Petitioner,

                    Mr. Jitendra Mishra, Learned Special PP for Respondent No.1 and

                    Ms Gauri Rao, Learned APP for State.

                    Meera Jadhav
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3.        The Detenue was arrested for commission of offences

punishable under Sections 25, 27A and 29 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

During the pendency of this Petition, the samples drawn by the

investigating agency were sent for chemical analysis. Learned

Special Prosecutor appearing for Respondent No.1 Union of India

on instructions states that the analysis has revealed that no offence

under NDPS Act is made out.         The statement is recorded and

accepted.

4.        As of today, no other offence under any other Act is

mentioned in the investigation papers. However, Learned Special

Prosecutor submits that the allegations against the Detenue would

attract provisions and violation of the Customs Act. At the same

time, he concedes that as of today, no such offence is mentioned

anywhere in the investigating papers. He further submits that the

Petition can be allowed preserving the liberty of the investigating

agency to invoke the provisions under the Customs Act. This

submission is recorded and accepted.

5.        In view of these submissions, the following order is passed:


Meera Jadhav
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                                 ORDER

(i)       The Detenue shall be released forthwith in connection with

the present subject matter.

(ii)      The investigating agency is at liberty to take action in

accordance with law for commission of offence under any other

Act.

(iii)     The investigating agency shall inform the Jail authorities

regarding this order.

(iv)      Parties to act on the copy uploaded on the official Website

of this Court.

6.        Petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)               (SARANG V. KOTWAL, J.)




Meera Jadhav


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