Hyderabad: The Telangana High Court sharply criticised the police and the lower judiciary for violating arrest and remand procedures in the case of Syed Dastagir, a cab driver from Eidi Bazaar.
Justice N. Tukaramji said police must present arrested individuals before a magistrate within 24 hours. Failing to do so, he added, is a direct breach of the law. He described the magistrate’s decision to remand the accused without examining the delay as both unlawful and condemnable.
Malakpet police arrested Dastagir at 10:15 PM on July 7 under Sections 318(4), 204 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS). But they brought him before the magistrate only at 11:30 PM the following night—over 25 hours later.
The judge criticised the magistrate for issuing the remand order without questioning the delay. He said even if the charges are proven, the offence carries a maximum sentence of seven years. In such cases, police should issue a notice under Section 35(3) of BNS before arresting the accused.
Justice Tukaramji also noted that the police failed to follow the Supreme Court’s guidelines laid out in Arnesh Kumar vs State of Bihar. These rules require extra caution while arresting individuals for offences with less than seven years’ imprisonment.
The court ordered Dastagir’s immediate release. He will be freed after presenting two sureties and executing personal bonds worth ₹10,000 each before the Seventh Additional Chief Metropolitan Magistrate.
The court also directed Dastagir to fully cooperate with the ongoing investigation.
