VIKAS KUMAR GUPTA @ VICKY vs UNION OF INDIA AND ANR

Judgment text excerpt

14-WP-3316-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION JYOTI WRIT PETITION NO. 3316 OF 2025 RAJESH MANE Vikas Kumar Gupta @ Vicky Age : 43 years, Digitally signed R/o. K 56/114-6, Near DAV College by JYOTI Ausanganj Rani Fatak, Ausanganj RAJESH MANE Varanasi, Uttar Pradesh 221001. … Petitioner Date: 2025.08.25 19:26:57 +0530 V/s. 1. Union Of India, Through Narcotics Control Bureau Mumbai Zonal Unit. 2. State of Maharashtra Through Public Prosecutor, High Court, Mumbai. … Respondents ---------- Mr. Anish Pareira a/w. Mr. Taraq Sayed a/w. Ms. Ashwini Achari, for Petitioner. Mr. S. K. Halwasia a/w. Smt. S.S.Halwasia, for Respondent No.1/NCB. Mr. Y. Y. Dabke, Addl. P.P. for the Respondent No.2-State. ---------- CORAM : RAVINDRA V. GHUGE AND GAUTAM A. ANKHAD, JJ. RESERVED ON : 18th AUGUST, 2025. PRONOUNCED ON: 25th AUGUST, 2025 JUDGMENT : (Per : GAUTAM A. ANKHAD, J.) 1) Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of parties. Mane 1/7 14-WP-3316-2025.odt 2) The Petitioner contends that he was arrested on 27th May 2025 at 11.04 a.m. and produced before the learned Magistrate only on 29 th May 2025. Such delayed production renders the arrest illegal, entitling the Petitioner to the following reliefs under Article 226 of the Constitution of India: (a) This Hon'ble Court in exercise of its extraordinary jurisdiction bestowed upon by the Constitution of India under Article 226 of the Constitution of India, this Hon'ble Court may be pleased to issue Writ in the nature of Mandamus directing the Respondent no.02 to provide for Flight Manifest of Indigo Airline bearing no. 6E-5292 Varanasi to Mumbai dated 27.03.2025. (b) This Hon'ble Court in exercise of its extraordinary jurisdiction bestowed upon by