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
- Customs Act
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 25, 27A, 29
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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