Shahin Akhtar
The Kerala High Court in Biswajith Mandal v. Inspector, Narcotic Control Bureau [2025 LiveLaw (Ker) 498] addressed a vital constitutional question under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The matter was based on a bail petition filed by Biswajith Mandal, charged with possessing 26.92 kilograms of ganja.
While hearing the matter, Justice Bechu Kurian Thomas examined whether the 24-hour constitutional mandate to produce an accused before a Magistrate begins at the time of formal arrest or from the moment an individual’s liberty is effectively curtailed.
Recognising the sharp observations of two second-year law students from Ramaiah College, Bengaluru — Ms. Nikhina Thomas and Ms. Neha Babu — the court appointed them as Amici Curiae.
Their arguments proved crucial, as they stressed that the protection under Article 22(2) of the Constitution and Section 57 of the Code of Criminal Procedure (CrPC) is designed to prevent arbitrary detention. They argued that the 24-hour period must start from the point of actual deprivation of liberty, not merely when an arrest memo is prepared.
Relying on D.K. Basu v. State of West Bengal [(1997) 1 SCC 416] and Joginder Kumar v. State of U.P. [(1994) 4 SCC 260], they highlighted that allowing delay in recording arrests could enable misuse and weaken constitutional safeguards.
The prosecution, however, maintained that the timeline should be calculated only from the recorded arrest memo, warning that alternative interpretations could complicate law enforcement.
After evaluating both sides, Justice Thomas accepted the Amici’s reasoning, holding that the 24-hour countdown begins from the effective restraint on liberty. Emphasising that constitutional guarantees must prevail over procedural formalities, the court granted bail to the petitioner on a bond of ₹1 lakh with conditions. Notably, Justice Thomas praised the student amici as “growing buds of the noble profession,” marking a rare occasion where law students’ submissions directly shaped judicial reasoning.
Case Name: Biswajit Mandal v. Inspector, Narcotic Control Bureau
Case No.: Bail Appl./8581/2025
Bench: Justice Bechu Kurian Thomas
Click here to access the order
Instagram: Click here
LinkedIn: Click here