Habeas Corpus: unlawful remand and failure to provide grounds of arrest justify writ relief and set aside remand.
Case-Laws
GST
Habeas corpus petition found maintainable where remand order was not in accordance with law, rendering the arrest illegal; court applied the “reasons to believe” standard to assess whether arrest relied on credible evidence or mere suspicion and found remand record silent on that inquiry, undermining exercise of arrest powers under the special statute. Failure to show service of grounds of arrest and non compliance with departmental arrest guidelines led the court to hold the remand order legally infirm and to set it aside, allowing the writ.
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