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Issues: Whether the arrest of the petitioner was illegal for failure to communicate the grounds of arrest forthwith in compliance with Section 50 of the Code of Criminal Procedure, 1973 and Article 22(1) of the Constitution of India.
Analysis: The legal position recognised in earlier binding precedent is that grounds of arrest are not the same as generic reasons for arrest and must be communicated to the arrested person in writing, promptly and with sufficient specificity, so that the person may understand the basis of detention and effectively seek legal remedies. A remand application that only narrates the investigation or general facts does not satisfy this requirement unless it discloses the personal grounds that necessitated the arrest. On the facts, the arrest memo did not contain the grounds of arrest and the remand application was moved only on the next day, which did not cure the omission at the time the arrest was effected.
Conclusion: The arrest was held to be illegal for non-compliance with the mandatory requirement of communicating the grounds of arrest forthwith, and relief was granted to the petitioner.
Final Conclusion: The petition succeeded on the limited question of legality of arrest, without any adjudication on the merits of the criminal allegations.
Ratio Decidendi: Grounds of arrest must be communicated forthwith and with case-specific particulars at the time of arrest or immediately thereafter as a mandatory constitutional and statutory safeguard; generic reasons or a later narrative of investigation do not amount to compliance.