Supreme Court: NDPS accused's prolonged detention violated Article 22(2) of the Constitution

Sujit Das, Suman Das and Rupak Sarkar were accused under several sections of the Narcotic Drugs and Psychotropic Substances Act, 1985, including 21(C), 22(C), 23(C), 25, 25A, 28 and 29. The High Court of Tripura at Agartala, by a common order, dismissed their regular bail applications. The Supreme Court found that their detention, from the time their liberty was first curtailed, had gone beyond the 24-hour period within which Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 57 of the Code of Criminal Procedure, 1973) require production before a magistrate, and that the overall detention exceeded what was reasonable in the circumstances.

The Court laid down that a magistrate, on production of an accused, must record the exact date and time detention began, verify whether the 24-hour deadline was met, and independently assess whether the detention — even if within 24 hours — had lasted longer than reasonable; if so, remand must be declined. Finding both breaches here, the Court set aside the High Court's order, directed the appellants be produced before the jurisdictional Special Court within seven days, and ordered their release on bail on appropriate terms, with a copy of the judgment circulated to police chiefs and High Courts nationwide.