Legality of arrest and non-production after medical transfer in Section 132(1) case – challenge rejected
Case-Laws
GST
Dominant issue: legality of arrest and custody – Court held that illegal arrest may be challenged by writ only where arrest flagrantly breaches procedural safeguards or is mala fide; ordinarily bail provisions govern custody, and judicial scrutiny focuses on material justifying arrest. Outcome: challenge rejected because arrest was supported by material establishing reason to believe an offence under Section 132(1) was made out. Dominant issue: non-production within 24 hours – Court found non-production excused by exigent medical transfer and not contrary to statutory requirements or instructions, so this plea failed. Petition dismissed. – HC
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