The sessions court has refused to cancel the bail of a Kota-based businessman booked for traveling with 51gm Mephedrone (a narcotic substance) on January 23 after the argument that there was a gap of 24 hours between detention/arrest and being produced before a court.
The accused businessman, Ashish Daga, was caught on his way to Mumbai to attend cases lodged by his maternal uncle. As per the prosecutions case, a police personnel was on duty at Mumbai Central railway station and spotted Daga at 9.42am.
He made inquiries with him and presented him before his senior officer when he did not cooperate. During questioning later, he admitted to carrying drugs in his bag. Daga was, however, produced before a court the next day at 3.20pm. Defence lawyer RV Gupta pleaded that the police failed to produce Daga before a court within 24 hours.
The magistrate court accepted the contention and released Daga on bail observing that his arrest was illegal. The order was challenged by the police before the sessions court. The police argued that the accused was detained and taken into custody after completing the formalities of search and seizure and the period between detention and arrest cannot be considered
