Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate authorisation.
Case-Laws
GST
Arrest safeguards require communication and furnishing of grounds of arrest and prompt intimation to a friend or relative. The text states that these safeguards were not met where an accused was brought from existing judicial custody under a B-warrant. It also addresses the impropriety of a subsequent Bharatiya Nyaya Sanhita prosecution where a CGST Act prosecution was already pending for what appeared to be the same offence. For an inter-State arrest and transfer, the accused must be produced before a local Executive or Judicial Magistrate for transit remand; absence of such remand independently renders the arrest, detention and remand unlawful. The reported arrest, detention and remand were set aside, subject to fresh lawful action.
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