Arrest safeguards under CrPC upheld where grounds were conveyed, reasons recorded, and Section 41-A notice was not required.

Arrest was upheld where the investigating agency had recorded reasons under Section 41 CrPC, the accused's name surfaced in disclosure by a co-accused, and the record indicated evasion of notice by changing locations. The Court found that an arrest memo had been prepared, the grounds of arrest were conveyed, and the Magistrate recorded satisfaction before granting police remand. Section 41-A applies only when arrest is not required under Section 41(1); on these facts, non-issuance of a Section 41-A notice did not invalidate the arrest. The arrest and remand order were held lawful, and the petition was dismissed.

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Issues: Whether the petitioner's arrest and the order granting police remand were illegal for want of compliance with the constitutional requirement of informing grounds of arrest and the statutory scheme under Sections 41, 41-A and 50 of the Code of Criminal Procedure, 1973.

Analysis: The petition was founded on the alleged non-compliance with Article 22 of the Constitution of India and the statutory safeguards governing arrest. The Court examined the material placed by the investigating agency and found that the petitioner's name surfaced during investigation on disclosure by a co-accused, after which the petitioner allegedly attempted to evade notice by changing locations and avoiding service. The record also showed that an arrest memo was prepared, the petitioner was informed of the basis of arrest, and he was produced before the Magistrate, who recorded satisfaction before granting police remand. The Court further held that Section 41-A of the Code of Criminal Procedure, 1973 applies only where arrest is not required under Section 41(1), and on the facts found, the investigating agency had recorded reasons indicating that arrest was under Section 41. In those circumstances, the Court held that non-issuance of notice under Section 41-A did not render the arrest illegal.

Conclusion: The arrest and remand order were held to be lawful, and the petition was dismissed.

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