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    <title>2025 (6) TMI 280 - DELHI HIGH COURT</title>
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    <description>Continuous custody of an accused after interception, without production before the nearest Magistrate or Special Court within the prescribed time, renders the arrest unlawful and vitiates the detention. The Court treated the applicant as being in custody from interception at the airport, noted that he remained under Customs control while in hospital, and found that the required procedure for forwarding an arrested person was not followed. On that basis, the Court relied on constitutional protection of personal liberty and held that illegal custody cannot be cured by the bail restrictions under the NDPS Act. Bail was therefore granted despite Section 37.</description>
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    <pubDate>Tue, 03 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 280 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=772167</link>
      <description>Continuous custody of an accused after interception, without production before the nearest Magistrate or Special Court within the prescribed time, renders the arrest unlawful and vitiates the detention. The Court treated the applicant as being in custody from interception at the airport, noted that he remained under Customs control while in hospital, and found that the required procedure for forwarding an arrested person was not followed. On that basis, the Court relied on constitutional protection of personal liberty and held that illegal custody cannot be cured by the bail restrictions under the NDPS Act. Bail was therefore granted despite Section 37.</description>
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