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Issues: (i) Whether the legality of arrest and the arrest memo could be interfered with in writ jurisdiction on the facts of the case. (ii) Whether interim bail could be granted on humanitarian or merciful considerations despite the arrest proceedings being found regular.
Issue (i): Whether the legality of arrest and the arrest memo could be interfered with in writ jurisdiction on the facts of the case.
Analysis: The governing principle applied was that, in fiscal statutes conferring power of arrest, judicial review is confined to examining compliance with the statutory and constitutional safeguards, including the existence of authority to arrest, the basis of the belief recorded, and communication of the grounds of arrest. The Court treated the detailed arrest memo and grounds of arrest as not open to challenge merely because the petitioners disputed the merits of the decision, unless there was a clear case of blatant non-application of mind or manifest illegality. On the facts, the Court found no such infirmity.
Conclusion: The challenge to the arrest proceedings was not accepted.
Issue (ii): Whether interim bail could be granted on humanitarian or merciful considerations despite the arrest proceedings being found regular.
Analysis: The Court applied the settled bail factors and held that interim bail is not to be granted as a matter of course, particularly where the arrest procedure is found to be regular and the request rests mainly on sympathy or mercy. It held that such a course would amount to misplaced sympathy and would not justify the exercise of extraordinary jurisdiction. The petitioners were left to pursue regular bail before the appropriate court.
Conclusion: Interim bail was declined.
Final Conclusion: The writ petition did not disclose grounds for interference in the arrest process or for extraordinary interim release, and the petition was not entertained on merits for interim bail.
Ratio Decidendi: In matters arising under fiscal statutes, judicial review of arrest is limited to statutory and constitutional compliance, and interim bail will not be granted in the absence of exceptional circumstances where the arrest proceedings are otherwise lawful.
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