ASHISH KAKKAR VERSUS UT OF CHANDIGARH (Supreme Court)
April 1, 2025
| COURT: | Supreme Court |
| JUDGES: | M.M. SUNDRESH J, RAJESH BINDAL J |
| LEGISLATION(S): | Section 50 of the Code |
| COUNSEL: | Siddharth Aggarwal Sr. Adv |
| FILE: | Click here to download the file in pdf format |
| Non-furnishing of the grounds of arrest violates Section 50 of the Code and renders the arrest invalid. Furnishing of the arrest memo cannot be construed as grounds of arrest as it does not have any worthwhile particulars | |
The arrest memo cannot be construed as grounds of arrest, as no other worthwhile particulars have been furnished. This, being a clear non-compliance of the mandate under Section 50 of the Code which has been introduced to give effect to Article 22(1) of the Constitution of India, 1950 we are inclined to set aside the impugned judgment, particularly, in light of the judgment rendered by this Court reported as Prabir Purkayastha v. State (NCT of Delhi) – (2024) 8 SCC 254.