Illegal arrest and remand for lack of transit remand and defective arrest memo, leading to immediate release.

Arrest, detention and remand were found legally unsustainable where the accused was taken from Dehradun to Meerut without any transit remand order on record, and the arrest memo omitted the place of arrest and the annexed grounds of arrest. The Court noted that the arrest memo must contain required particulars and that the arrested person must be informed of the grounds of arrest in writing, consistent with the applicable circular. Blank jama talashi and non-compliance with these mandatory safeguards showed defective arrest procedure, so the remand and continued detention were held illegal and immediate release was directed.

---

---

Issues: Whether the arrest, detention and remand of the petitioner were illegal for want of transit remand and for non-compliance with the mandatory requirements relating to the arrest memo and communication of grounds of arrest.

Analysis: The petitioner was arrested at Dehradun and produced before the remand Magistrate at Meerut, but no transit remand order was placed on record. The arrest memo did not disclose the place of arrest and did not annex the grounds of arrest, although the law requires the arrested person to be informed of the grounds and the arrest memo to contain the necessary particulars. The Court also noticed that the jama talashi was blank and that the respondents had not complied with their own circular requiring the grounds of arrest to be furnished in writing as an annexure to the arrest memo. In these circumstances, the remand and continued detention were held to be legally unsustainable.

Conclusion: The arrest, detention and remand were illegal and the petitioner was entitled to immediate release.

---