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2026 DAILYLAW 20659 (DEL)

MANOJ @ MANU THROUGH PAHROKAR GEETA v. STATE OF N.C.T. OF DELHI

W.P.(CRL)/3069/2026 · 2026-09-30

Arun Bhardwaj, Navin Chawla

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010472012026 + W.P.(CRL) 3069/2026 MANOJ @ MANU THROUGH PAIROKAR GEETA .....Petitioner Through: Mr.Mohit Girdhar & Mr.Sanyam Yadav, Advs. versus STATE OF N.C.T. OF DELHI .....Respondent Through: Mr.Sanjay Lao, Sr. Adv. & Mr.Aman Usman, APP with Mr.Abhinav Kr. Arya, Mr.Aryan Sachdeva & Ms.Priyam Agarwal, Advs. along with Insp. Vikas Pannu, SI Amrendra Singh & ASI Mukesh, ANTF, Crime Branch. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE ARUN BHARDWAJ O R D E R % 30.09.2026 CRL.M.A. 30770/2026 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(CRL) 3069/2026 2. This petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following reliefs:- “a) Issue an appropriate writ, order or direction, including a writ in the nature of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:00 Habeas Corpus, directing the Respondent PS Crime Branch through SHO to produce the Petitioner’s husband, namely Manoj Kumar @ Manu, in custody before this Hon’ble Court and to place the complete record relating to his apprehension, arrest and detention before this Hon’ble Court; b) Examine and declare the arrest of Petitioner’s husband in FIR No. 13/2026 dated 17.01.2026, as illegal and quash subsequent remand orders authorising custody of accused as illegal, and release the accused forthwith, if this Hon’ble Court finds that the constitutional and statutory safeguards governing arrest were not complied with; c) Pass appropriate consequential orders in respect of the continued custody/detention of the accused in accordance with law; d) Call for and examine the original arrest memo, grounds of arrest, DD entries, FIR, case diary entries, intimation of arrest record, MLC and all other contemporaneous documents relating to the apprehension and arrest of the accused;” 3. It is the case of the petitioner that on 16.01.2026, he was apprehended by the police officials at about 05:00-05:30 PM. His mobile phone was switched off. Repeated attempts by his family members to contact him did not bear any fruit. He was formally arrested in FIR No. 13/2026 registered under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at about 11:30 AM on 17.01.2026. The grounds of arrest bear the time of 11:00 AM and record communication of the grounds at about 11:15 AM. It is the case of the petitioner that, in fact, the grounds of arrest were never supplied to the petitioner at that time. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:00 4. The petitioner further states that at about 11:30 AM, the mother of the petitioner was informed that the petitioner had been arrested and would be produced before the competent Court; however, grounds of arrest were not communicated to her or even to the petitioner at that stage. 5. The petition itself discloses that on 17.01.2026, the petitioner was produced before the Court of the learned Judicial Magistrate First Class, Duty Magistrate, Central District, Tis Hazari Courts, Delhi, and was remanded to judicial custody. The petitioner was then produced before the learned Special Judge, NDPS, Central District, Tis Hazari Courts, Delhi, on 30.01.2026, when the petitioner filed an application seeking a declaration that his arrest was illegal, inter alia, on the ground of non-supply of reasons for arrest. The said application, however, was dismissed by the learned Special Judge vide order dated 30.01.2026. The petitioner has remained in custody since that date. 6. The learned counsel for the petitioner submits that as the grounds of arrest were not supplied to the petitioner before the arrest, the arrest of the petitioner was illegal. 7. We are afraid that these questions cannot be determined in the present petition. The very same objections were taken by the petitioner before the Duty Magistrate, when he was produced on 17.01.2026, as also before the learned Special Judge on 30.01.2026 by moving an application in this regard. Both these orders reject the submission of the petitioner. In case the petitioner is aggrieved by these orders, he has to challenge them in accordance with law. He cannot maintain a parallel proceeding in the form of the present Writ Petition to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:00 challenge these orders. 8. Accordingly, we dismiss this petition, leaving it open to the petitioner to avail of his legal remedies in accordance with law. NAVIN CHAWLA, J ARUN BHARDWAJ, J SEPTEMBER 30, 2026/rv/hn This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:00