Transit remand and written grounds of arrest are mandatory; illegal detention set aside for non-compliance
Case-Laws
GST
An arrest in one State cannot be followed by production before a remand magistrate in another State without transit remand. The Court also reiterated that grounds of arrest must be explained to the arrested person and furnished in writing as an annexure to the arrest memo, with the place of arrest and grounds properly reflected in the memo. On the uncontroverted record, the arrest memo omitted the place of arrest and the annexed grounds, and no transit remand order was shown. These defects rendered the remand order illegal and the arrest and detention unsustainable; the petitioner was ordered to be released forthwith, with liberty to proceed afresh in accordance with law.
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