Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 30 September 2026
Case Overview
- Petitioner: Deepika Amit Singh Saini (wife of the detainee)
- Respondents: Union of India & Another
- Petition Number: Criminal Writ Petition No. 4076 of 2026
- Counsel for Petitioner: Dr. Yusuf Iqbal (a/w Mustaga Chitawala, Zain Shroff, Shubhashree Yewale) of YNA Legal
- Special Public Prosecutor for Respondent No.1: Mr. Jitendra Mishra (with Sangeeta Yadav, Umesh Gupta, Ashutosh Mishra)
- Assistant Public Prosecutor for State: Ms. Gauri Rao
- Coram: Hon’ble Justices SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE
- Grounds of Petition: Alleged illegal arrest and continued detention of the detainee, who was arrested under Sections 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
- Investigative Findings: Samples sent for chemical analysis revealed that no offence under the NDPS Act is made out. No other offence under any other Act is presently mentioned in the investigation papers.
- Prosecutor’s Submission: While acknowledging the lack of NDPS offence, the Special Prosecutor indicated that the allegations could attract provisions of the Customs Act, though no such offence is currently recorded. He requested that the petition be allowed, preserving the investigating agency’s liberty to invoke Customs Act provisions.
Final Outcome
- The Court ordered the detainee’s immediate release in connection with the present subject matter.
- The investigating agency was granted liberty to take action under any other applicable Act, including the Customs Act.
- The agency must inform jail authorities of this order.
- Parties are directed to act on the copy uploaded on the official website of the Court.
- The petition was disposed of.
Topics: Legal Release, Criminal Procedure