Kishan Udaylal Jain vs State Of Uttarakhand And Another on 22 July, 2026

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    Uttarakhand High Court

    Kishan Udaylal Jain vs State Of Uttarakhand And Another on 22 July, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                                UKHC010108782026
    
    
    
                                                        2026:UHC:6179-DB
    IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    
                    Habeas Corpus No. 23 of 2026
    
    
    
    Kishan Udaylal Jain                                  ...... Petitioner
    
                                     Vs.
    
    State of Uttarakhand and another                     ......Respondent
    
    
    
    
    Presence:
    Mr. Aryan Kotwal, learned counsel (through V.C), Shrey Slodha and
    Mr. Yuvraj Singh, learned counsel holding brief of Mr. Rohit Arora,
    learned counsel for the petitioner.
    Mr. Piyush Garg, learned counsel for the CBI.
    Mr. V.S. Rawat, learned AGA for the State.
    
    
    
    Coram: Hon'ble Ravindra Maithani, J.
    

    Hon’ble Siddhartha Sah, J.

    Hon’ble Ravindra Maithani, J. (Oral)

    SPONSORED

    The petitioner is in judicial custody in CBI Case No.

    RC0072025E0007 dated 26.11.2025 under Sections 420, 406, 506

    & 120-B of the IPC; Sections 61(2), 111, 316, 318(4), 336, 338,

    340(2), 351(3), and 352 of the Bharatiya Nyaya Sanhita, 2023;

    Section 3 of the Uttarakhand Protection of Interests of Depositors (in

    Financial Establishments) Act, 2005; and Sections 3, 4, 21, and 22

    of the Banning of Unregulated Deposit Schemes Act, 2019 (“the

    case”).

    2. The petitioner has filed the instant Habeas Corpus

    petition, declaring that his arrest in the case is illegal and seeking

    his release forthwith. The petitioner has also challenged the order

    dated 02.06.2026 passed by the Court of the Additional Chief

    Judicial Magistrate, 19th Court, Esplanade, Mumbai, by which
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    transit remand was granted, as well as the police custody remand

    dated 03.06.2026 passed by the Court of the Additional District and

    Sessions Judge, 1st Special Judge, BUDS Act, Dehradun.

    3. Heard learned counsel for the parties and perused the

    record.

    4. There were allegations against M/s Loni Urban Multi-State

    Credit and Thrift Co-operative Society that it had been illegally

    operating and carrying out malpractices by misusing/squandering

    public money. There were multiple FIRs filed in this regard in the

    State of Uttarakhand. On 17th September, 2025, this Court, in

    WPPIL No. 46 of 2025, Ashutosh vs. State of Uttarakhand & Others,

    directed the CBI to take up the investigation of all criminal cases

    related to M/s Loni Urban Multi-State Credit and Thrift Co-operative

    Society in Uttarakhand. Thereafter, the CBI took up the

    investigation.

    5. FIR No. 142 of 2024 dated 1st June, 2024 of Police Station

    Kotwali Kotdwar, District Pauri Garhwal being the first information

    report originally registered in the instant case was treated as the

    original FIR in the case.

    6. In the investigation of the instant case, according to the

    CBI, the petitioner was arrested on 1st June, 2026, at Mumbai. He

    was produced before the Court of the Additional Chief Judicial

    Magistrate, 3rd Court, Esplanade, Mumbai, and the Court passed a

    transit remand order. It may be noted that the transit remand was

    opposed by the petitioner. Thereafter, by the impugned order dated

    3rd June, 2026, the petitioner was remanded to police custody from

    11:00 AM on 4th June, 2026, till 5:30 PM on 5th June, 2026. Both

    the transit remand order and the police custody remand order have
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    been challenged, and a declaration is also sought that the arrest is

    illegal.

    7. Learned counsel for the petitioner submits that on 4th

    May, 2026, the petitioner was issued a notice under Section 179 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023 (“the BNSS”),

    requiring his appearance, with which the petitioner complied. On

    13th June, 2025, a co-accused was arrested, who implicated the

    petitioner. On 28th May, 2026, another notice under Section 179 of

    the BNSS was issued to the petitioner. In compliance therewith, the

    petitioner appeared before the CBI on 30th May, 2026. He was

    questioned by the CBI and allowed to leave, but was directed to

    appear again before the CBI on 1st June, 2026. The petitioner

    accordingly appeared before the CBI on 1st June, 2026, at 12:00

    noon. He was not allowed to leave and was shown to have been

    arrested at 6:00 PM. In these factual circumstances, learned counsel

    for the petitioner raised the following points:-

    (i) According to the prosecution, on 13th May, 2026, the

    co-accused had implicated the applicant, but the

    applicant was not arrested then. After the

    interrogation of the co-accused on 13th May, 2026,

    the CBI did not have any new material so as to make

    it necessary to arrest the applicant.

    (ii) The appellant was not produced before the

    Magistrate within 24 hours, which violates the

    constitutional rights of the petitioner, and on this

    ground alone, the entire remand and arrest are liable

    to be declared illegal. On this aspect, learned counsel

    submits that, under the oral directions of the CBI on
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    30th May, 2026, the petitioner appeared before the

    CBI on 1st June, 2026, at 12:00 noon. As soon as he

    appeared, he was not allowed to go anywhere; his

    movements were restricted. He was formally shown

    to have been arrested at 6:00 PM, whereas, in fact, in

    the eye of law, his arrest is to be considered as

    having taken place at 12:00 noon on 1st June, 2026.

    However, he was produced before the remand

    Magistrate in Mumbai at 1:30 PM; therefore, it was

    beyond 24 hours and is illegal.

    In support of his contention, learned counsel

    for the petitioner relies upon the principle of law laid

    down in the cases of Hanumant Jagganath Nazirkar

    vs. The State of Maharashtra, 2025 SCC OnLine Bom

    2508 and T. Ramadevi vs. The State of Telangana,

    2024 SCC OnLine TS 4288.

    In the case of Hanumant Jagganath Nazirkar

    (supra), in paragraph 12, the Hon’ble Bombay High

    Court framed the questions involved in that petition

    and answered them in paragraph 31. It may be noted

    that, according to the prosecution case in the case of

    Hanumant Jagganath Nazirkar (supra), the petitioner

    in that case was taken into custody from a metro

    station on 26th October, 2024, at 9:00 PM, and that

    time was considered as the time of arrest.

    Paragraphs 12 and 31 of the judgment are as below:-

    “12. The short issue which arises for our
    consideration is whether the period from 25
    October 2024 1:00 p.m. to 26 October 2024 9:00
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    p.m. when the Petitioner was taken into custody
    from Shivajinagar Metro Station, Pune and
    produced in custody at Baramati Police Station and
    thereafter at Baramati where he was taken for pre-
    arrest medical examination can be considered as
    the period when the Petitioner can be said to have
    been arrested.

    31. In our view, there can be no doubt that the
    Petitioner’s free movement and liberty were
    restrained on 25 October 2024 at 1:00 p.m. when
    he was taken into custody at Shivajinagar Metro
    Station, Pune and produced before the Shivajinagar
    Police Station. Even otherwise, the police
    authorities took the Petitioner from Pune to
    Baramati and reached Baramati on 25 October
    2024 at 5:07 p.m. At least from 5:07 p.m. on 25
    October 2024, the Petitioner can be said to have
    been arrested.”

    In the case of T. Ramadevi (supra), the

    petitioner in that case was apprehended on 31st

    July, 2024, at 10:00 AM. In those circumstances, in

    paragraph 11 of the judgment, the Hon’ble Telangana

    High Court observed as follows:

    “11. In the aforesaid backdrop, when we look into
    the provisions of Section 57of Cr.P.C, the very first
    line of the said provision refers to the term
    detention. It does not use the term ”from the time
    of arrest”, which further strengthens the case of the
    petitioner when they say that period of detention
    starts the moment they stand apprehended by the
    police, as from that moment itself there is a
    restraint so far as personal liberty of the concerned
    person and there is also an arrest of his movement,
    as he remains under confines of police personnel.
    Thus, it would amount to a detention of a person
    right from the time he is apprehended by the police
    personnel. Thus, in terms of the judgment of the
    Bombay High Court in the case of Ashak Hussain
    (supra), the arrest of a person commences from the
    time restraint is placed on his liberty and not from
    the time of the arrest officially recorded by the
    arresting officers.”

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    (iii) The police custody remand of the petitioner dated

    3rd June, 2026, is bad in the eyes of law because it

    is mechanical.

    (iv) The grounds of arrest had not been meaningfully

    supplied to the petitioner because they were in

    English, whereas the petitioner is a matriculate who

    knows only Hindi. Therefore, on this ground also,

    the arrest is illegal.

    8. Replying to the submissions made by learned counsel for

    the petitioner, learned counsel for the CBI submits that the grounds

    of arrest were meaningfully communicated to the petitioner in

    writing. He submits that the notice under Section 179 of the BNSS

    was given to the petitioner in English, in response to which he

    appeared. The grounds of arrest are also in English. Therefore, he

    argues that merely because the grounds of arrest are in English, it

    cannot be said that they were not meaningfully communicated.

    9. Learned counsel for the CBI submits that on 1st June,

    2026, when the petitioner appeared before the CBI at 12:00 noon, he

    was not under arrest from that time, and his movements were not

    restricted. Mere presence does not amount to a restriction on

    movement. He submits that an Investigating Officer may call any

    person who may be helpful in the investigation, including the

    accused, and examine him, and subsequently effect an arrest. In

    such a situation, “arrest” means the moment when such person was

    arrested, and not any time prior to that moment. In support of his

    contention, learned counsel for the CBI has referred to the cases of

    Directorate of Enforcement vs. Deepak Mahajan & Anr., reported in

    (1994) 3 SCC 440; Mihir Rajesh Shah vs. State of Maharashtra &
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    Anr., reported in (2026) 1 SCC 500; Gharban Ali Pour Azadi vs.

    Intelligence Officer Air Intelligence Unit, Bombay and others,

    reported in 1996 SCC OnLine Bom 59; and Rameswar Talukdar vs.

    State of Assam, 2019 SCC OnLine Gau 5938.

    10. In the case of Directorate of Enforcement vs. Deepak

    Mahajan (supra), the Hon’ble Supreme Court discussed the concept

    of arrest and observed as follows:-

    “48. Thus the Code gives power of arrest not only to a police
    officer and a Magistrate but also under certain circumstances or
    given situations to private persons. Further, when an accused
    person appears before a Magistrate or surrenders voluntarily,
    the Magistrate is empowered to take that accused person into
    custody and deal with him according to law. Needless to
    emphasize that the arrest of a person is a condition precedent
    for taking him into judicial custody thereof. To put it differently,
    the taking of the person into judicial custody is followed after the
    arrest of the person concerned by the Magistrate on appearance
    or surrender. It will be appropriate, at this stage, to note that in
    every arrest, there is custody but not vice versa and that both
    the words ‘custody’ and ‘arrest’ are not synonymous terms.
    Though ‘custody’ may amount to an arrest in certain
    circumstances but not under all circumstances. If these two
    terms are interpreted as synonymous, it is nothing but an ultra
    legalist interpretation which if under all circumstances accepted
    and adopted, would lead to a startling anomaly resulting in
    serious consequences, vide Roshan Beevi 1984 Cri LJ 134.”

    11. In the case of Mihir Rajesh Shah (supra), the Hon’ble

    Supreme Court considered a situation where, after interrogating an

    accused, an arrest was made. In paragraph 61 of the judgment, the

    Hon’ble Supreme Court observed as follows:-

    “61. Supplanting the above situation, there may be a case
    wherein the investigating officer has sent a notice for appearance
    of the accused to join the investigation under Section 41-ACrPC
    [now Section 35(3) to Section 35(6) of BNSS 2023] pursuant to
    which the accused has joined the investigation. The investigating
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    officer, after perusal of material available before him and/or on
    interrogating the accused, makes up his mind that the arrest of
    the accused person is required for further investigation or has
    other reason(s) for arrest, in such cases, since the accused is
    under the supervision of the investigating agency and there
    exists no apprehension of him absconding, it becomes
    incumbent upon the police officer to supply the grounds of
    arrest in writing on arresting the accused person. This can also
    be followed, for instance, in cases involving offences which are
    primarily based on documentary evidence/records, economic
    offences such as under PMLA where the grounds of arrest in
    writing be furnished to the arrested person on arrest
    simultaneously.”

    12. In the case of Gharban Ali Pour Azadi (supra), it was, inter

    alia, held that “the trial Court has referred to a later decision of

    the learned Single Judge of this Court in Munsamy Shanmugam

    v. Collector of Customs, reported in 1995 Cri. L.J. 1740 which

    was decided on 25th October, 1994, wherein it has been clearly

    held that mere taking a person to custody for the purpose of

    enquiry does not amount to arrest and we have to calculate the

    time of 24 hours from the time of formal arrest.” The Court

    observed that it was in respectful agreement with the said later

    decision of this Court.

    13. In the case of Rameswar Talukdar (supra), the Hon’ble

    Supreme Court interpreted the meaning of arrest, detention, etc. In

    paragraphs 20 and 21, it observed as follows:-

    “20. It needs to be mentioned that the word ‘arrest’ implies
    apprehension or restraint on, or the deprivation of one’s
    personal liberty by adopting the procedure laid in section 46 of
    the Cr.PC, which are (a) submission to custody, (b) trouncing the
    body physically, or (C) confining the body. Therefore, detention
    of a person to amount to arrest, it must be shown that he is put
    under restraint which prevents him from going wherever he
    likes, to which sections 56 and 57 of the Cr.PC are applicable.

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    21. In other words, in case of detention, the person so detained
    is not formally accused of committing any offence. In such a
    situation, the person is only questioned or investigated by the
    detaining authority. In case of arrest, however, the person is
    reasonably charged of commission of a crime and has to be
    produced before a Magistrate within the next 24 hours. In
    certain other situations, of course, initial detention may lead to
    arrest of the person, subject to the safeguards for arrest and
    detention under the provisions of article 22 of the Constitution
    and other mandatory provisions of sections 50 and 50A of the
    Cr.PC.”

    14. On the question of new material being available before the

    Investigating Officer so as to effect the arrest of the petitioner on

    01.06.2026, it is argued that the co-accused had earlier been

    examined by the Investigating Officer, the petitioner had also been

    examined on multiple occasions, and on 01.06.2026, the

    Investigating Officer formed an opinion based on the material

    available with him and the examination of the petitioner, and

    arrested him. It is argued that this constituted additional material

    which empowered the Investigating Officer to arrest the petitioner.

    15. It is also argued that the police custody remand order

    dated 03.06.2026 has been challenged by the petitioner, but the

    challenge has now been rendered infructuous because the period of

    police custody remand has already expired. It is further argued that

    the petitioner has not challenged the judicial custody remand. Even

    otherwise, it is argued that the police custody remand is based on

    material that was extensively examined by the Court before forming

    its opinion and granting the police custody remand. It is submitted

    that, at this stage, such findings are not required to be recorded, as

    they are ultimately required to be recorded at the stage of delivering

    the judgment.

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    16. Learned counsel for the CBI submitted that the Habeas

    Corpus petition is not maintainable as it challenges the remand

    orders. In support of his contention, he relied upon the judgment of

    the Hon’ble Supreme Court in Serious Fraud Investigation Office vs.

    Rahul Modi and Another, reported in (2019) 5 SCC 266.

    17. In the case of Rahul Modi (supra), the Hon’ble Supreme

    Court, inter alia, held that the legality or otherwise of the detention is

    to be decided at the time of the return filed in the Habeas Corpus

    petition, and not with reference to the institution of the proceedings.

    In paragraphs 19, 20.3, and 21, the Hon’ble Supreme Court

    observed as follows:-

    “19. The law is thus clear that “in habeas corpus proceedings a
    court is to have regard to the legality or otherwise of the
    detention at the time of the return and not with reference to the
    institution of the proceedings”.

    …………………………………………………………………………………
    …………………………………………………………………………………..

    20.3. A Bench of three learned Judges of this Court in State of
    Maharashtra v. Tasneem Rizwan Siddiquee [State of
    Maharashtra
    v. Tasneem Rizwan Siddiquee, (2018) 9 SCC 745 :

    (2019) 1 SCC (Cri) 386] concluded as under: (SCC pp. 751-52,
    paras 10-12)

    “10. The question as to whether a writ of habeas corpus could be
    maintained in respect of a person who is in police custody
    pursuant to a remand order passed by the jurisdictional
    Magistrate in connection with the offence under investigation,
    this issue has been considered in Saurabh Kumar v. Jailor,
    Koneila Jail [Saurabh Kumar v. Jailor, Koneila Jail, (2014) 13
    SCC 436 : (2014) 5 SCC (Cri) 702] and Manubhai Ratilal
    Patel v. State of Gujarat [Manubhai Ratilal Patel v. State of
    Gujarat, (2013) 1 SCC 314 : (2013) 1 SCC (Cri) 475] . It is no
    more res integra. In the present case, admittedly, when the writ
    petition for issuance of a writ of habeas corpus was filed by the
    respondent on 18-3-2018/19-3-2018 and decided by the High
    Court on 21-3-2018 [Tasneem Rizwan Siddiquee v. State of
    Maharashtra
    , 2018 SCC OnLine Bom 2712] her husband Rizwan
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    Alam Siddiquee was in police custody pursuant to an order
    passed by the Magistrate granting his police custody in
    connection with FIR No. I-31 vide order dated 17-3-2018 and
    which police remand was to enure till 23-3-2018. Further,
    without challenging the stated order of the Magistrate, a writ
    petition was filed limited to the relief of habeas corpus. In that
    view of the matter, it was not a case of continued illegal detention
    but the incumbent was in judicial custody by virtue of an order
    passed by the jurisdictional Magistrate, which was in force,
    granting police remand during investigation of a criminal case.

    Resultantly, no writ of habeas corpus could be issued.

    ……………………………………………………………………………………….
    ……………………………………………………………………………………….
    ………………………………………………………………………………….

    12. Suffice it to observe that since no writ of habeas corpus could
    be issued in the fact situation of the present case, the High Court
    should have been loath to enter upon the merits of the arrest in
    the absence of any challenge to the judicial order passed by the
    Magistrate granting police custody till 23-3-2018 and more
    particularly for reasons mentioned in that order of the
    Magistrate. In a somewhat similar situation, this Court
    in State v. N.M.T. Joy Immaculate [State v. N.M.T. Joy
    Immaculate, (2004) 5 SCC 729 : 2004 SCC (Cri) 1722] deprecated
    passing of disparaging and strong remarks by the High Court
    [N.M.T. Joy Immaculate v. State, 2002 SCC OnLine Mad 265 :

    (2002) 1 MWN (Cri) 237] against the investigating officer and
    about the investigation done by them. Accordingly, we have no
    hesitation in expunging the observations made in paras 4 to 6 of
    the impugned judgment [Tasneem Rizwan Siddiquee v. State of
    Maharashtra
    , 2018 SCC OnLine Bom 2712] against the police
    officials concerned in the facts of the present case.”

    21. The act of directing remand of an accused is thus held to be a
    judicial function and the challenge to the order of remand is not to be
    entertained in a habeas corpus petition.

    ……………………………………………………………………………………………….
    ……………………………………………………………………………………………….
    ………………………………………………………………………………………….”

    18. At this stage, learned counsel for the petitioner further

    submits that, in fact, the notice of appearance issued to the

    petitioner does not conform to the Standing Orders required to be
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    followed pursuant to the directions of the Hon’ble Supreme Court in

    Satender Kumar Antil vs. Central Bureau of Investigation and

    Another, reported in 2026 SCC OnLine SC 162. It is argued that,

    since the notice was not in the prescribed format, the petitioner’s

    rights have been prejudiced because, had he known that he was

    being called as an accused, he would have chosen to avail himself of

    the remedy of anticipatory bail. It is also argued that, in fact, the

    Habeas Corpus petition is very much maintainable in view of the

    judgment of the Hon’ble Supreme Court in Gautam Navlakha vs.

    National Investigation Agency, reported in (2022) 13 SCC 542. In

    paragraph 80 of the judgment, the Hon’ble Supreme Court observed

    as follows:-

    “80. Thus, we would hold as follows : If the remand is absolutely
    illegal or the remand is afflicted with the vice of lack of
    jurisdiction, a habeas corpus petition would indeed lie. Equally,
    if an order of remand is passed in an absolutely mechanical
    manner, the person affected can seek the remedy of habeas
    corpus. Barring such situations, a habeas corpus petition will
    not lie.”

    19. It is argued that the case of the petitioner is squarely

    covered by the said judgment. In reply, learned counsel for the CBI

    argued that, in fact, in the case of Nandini Satpathy vs. P.L. Dani &

    Anr., reported in (1978) 2 SCC 424, the Hon’ble Supreme Court held

    that a notice under Section 161 of the Code of Criminal Procedure,

    1973 could also be issued to an accused. He referred to paragraph

    10(7) as well as paragraph 35, which read as follows:-

    “10. The points in controversy may flexibly be formulated thus:

    …………………………………………………………………………………
    …………………………………………………………………………………

    (7) Does “any person” in Section 161 of the Criminal Procedure
    Code include an accused person or only a witness?

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    35. We will now answer the questions suggested at the
    beginning and advert to the decisions of our Court which set the
    tone and temper of the “silence” clause and bind us willy-nilly.
    We have earlier explained why we regard Section 161(2) as a sort
    of parliamentary commentary on Article 20(3). So, the first point
    to decide is whether the police have power under Sections 160
    and 161 of the CrPC to question a person who, then was or, in
    the future may incarnate as, an accused person. The Privy
    Council and this Court have held that the scope of Section 161
    does include actual accused and suspects and we deferentially
    agree without repeating the detailed reasons urged before us by
    counsel.”

    20. This petition has been heard finally at the stage of

    admission itself. The legality of the remand, arrest, and custody has

    been challenged on multiple grounds, as stated in the petition. In the

    case of Gautam Navlakha (supra), the Hon’ble Supreme Court, in

    fact, held that a Habeas Corpus petition would be maintainable

    where a remand is absolutely illegal or is affected by a lack of

    jurisdiction. In addition, the Hon’ble Supreme Court also held that if

    an order of remand has been passed in an absolutely mechanical

    manner, a Habeas Corpus petition may lie. Is this such a case?

    21. It is true that in every cognizable offence, it is not

    mandatory for an Investigating Officer to effect an arrest. The power

    to arrest and the necessity of arrest are two different concepts. They

    need no further elaboration. The factual narration is not disputed,

    namely, that the petitioner was issued a notice under Section 179 of

    the BNSS to appear before the Investigating Officer. He appeared on

    multiple occasions. He appeared on 30th May, 2026, when he was

    questioned and allowed to go back with directions to appear again on

    1st June, 2026. On 1st June, 2026, the petitioner appeared and was

    arrested on that day. The arrest memo is on record. It is quite

    detailed. It records whether the grounds of arrest had been
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    explained, the reasons for arrest, etc. The arrest is also based on the

    examination of the petitioner. The Investigating Officer took a

    conscious decision to arrest the petitioner based on the material

    available before him. It cannot be said that the arrest was

    mechanical.

    22. Learned counsel for the petitioner argued that the

    statement of an accused may not be a ground for arrest.

    23. A confession made by an accused before a police officer is

    definitely not admissible, but what was revealed by the petitioner to

    the Investigating Officer on 1st June, 2026, or on the days preceding

    it, which, according to the Investigating Officer, necessitated the

    arrest of the petitioner, cannot be examined at this stage. This Court

    is not required to undertake a deeper scrutiny of the same. Suffice it

    to say that the Investigating Officer took a conscious decision on 1st

    June, 2026, to arrest the petitioner based on the investigation

    carried out by him and upon the examination of the petitioner.

    Therefore, it cannot be said that, on 1st June, 2026, there was no

    necessity to arrest the petitioner.

    24. It is argued that the petitioner was produced before the

    Magistrate beyond 24 hours of his arrest. The contention is that the

    petitioner appeared before the CBI on 1st June, 2026, at 12:00 noon,

    and his movements were restricted from that time onwards.

    Therefore, it is argued that the arrest is to be considered as having

    taken place at 12:00 noon on 1st June, 2026, when the petitioner

    appeared before the CBI and his movements were allegedly

    restricted. This has been countered by learned counsel for the CBI,

    who argues that mere presence does not amount to custody,

    apprehension, or detention.

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    25. Undoubtedly, an accused may also be required by the

    Investigating Officer to appear before him for the purpose of

    investigation. The examination of an accused during investigation by

    an Investigating Officer is not barred; in fact, it is permissible. In the

    case of Nandini Satpathy (supra), the Hon’ble Supreme Court has

    laid down the law on that aspect, which has already been quoted

    hereinabove.

    26. The judgments cited on behalf of the petitioner, namely,

    Hanumant Jagganath Nazirkar (supra) and T. Ramadevi (supra), are

    distinguishable. In both those cases, the petitioners did not merely

    appear before the investigating agency; rather, they were either

    taken into custody or apprehended, which is not the situation in the

    instant case.

    27. Moreover, the Court enquired from learned counsel for the

    petitioner as to whether this plea had been taken before the Remand

    Magistrate at Mumbai. The answer is in the negative. But, learned

    counsel for the petitioner submitted that it is a constitutional right of

    the petitioner, which can be asserted at any time. Undoubtedly, a

    constitutional right cannot be waived, and the petitioner is free to

    take such a plea. However, mere presence before the CBI cannot be

    termed as detention, custody, or apprehension. If, in fact, the

    movement of the petitioner had been restricted the moment he

    appeared before the CBI on 1st June, 2026, at 12:00 noon, he would

    have raised this issue before the Remand Magistrate, which he did

    not. For the first time, it is being agitated before this Court.

    Therefore, it cannot be said in the instant case that the petitioner

    was arrested at 12:00 noon on 1st June, 2026. He was arrested at

    6:00 PM and was produced before the Magistrate within 24 hours.
    16

    UKHC010108782026

    2026:UHC:6179-DB

    28. The challenge has also been made to the police custody

    remand order dated 03.06.2026 passed by the Court of the 1st

    Additional Sessions Judge/Special Judge, BUDS Act, Uttarakhand.

    This order is quite extensive. The remand order records the case of

    the prosecution, the submissions advanced, and what the witnesses

    have stated. The Court considered all the aspects of the matter and

    opined that it was necessary to grant police custody remand. The

    reasons, though brief, have been stated therein. It is not a

    mechanical order. It contains reasons. Therefore, it cannot be said

    that the police custody remand order dated 03.06.2026 in respect of

    the petitioner is illegal.

    29. One of the grounds taken to challenge the detention relates

    to the grounds of arrest. It is argued that they were communicated in

    English, a language with which the petitioner is not conversant.

    Admittedly, the petitioner was issued notices under Section 179 of

    the BNSS in English, and pursuant thereto, he appeared. When the

    petitioner was produced before the Remand Magistrate at Mumbai,

    he filed objections, and the objections filed by him at the time of the

    transit remand form part of this petition. In paragraph 3 thereof, the

    petitioner stated that the grounds of arrest were ex facie vague,

    omnibus, mechanical, and legally insufficient, and failed to satisfy

    the constitutional and statutory requirements governing arrest. The

    petitioner did not raise the ground that he did not understand

    English or he was not conversant with the language, or was unable

    to understand the communication of the grounds of arrest in a

    meaningful manner. In its remand order dated 02.06.2026, the

    Remand Magistrate at Mumbai considered the objections regarding

    the grounds of arrest raised by the petitioner in paragraph 4 thereof
    17
    UKHC010108782026

    2026:UHC:6179-DB
    and recorded a finding that the Investigating Officer had fully

    complied with the mandatory provisions of the BNSS while effecting

    the arrest and producing the accused before the Remand Magistrate.

    Therefore, on this ground also, the custody cannot be termed illegal.

    30. Having considered the entirety of the facts, this Court is of

    the view that there is no reason to make any interference. Therefore,

    the instant petition deserves to be dismissed at the stage of

    admission itself.

    31. The petition is dismissed in limine.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    22.07.2026 22.07.2026
    BS
    BALWANT Digitally signed by BALWANT SINGH
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
    OF UTTARAKHAND,
    2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28

    SINGH
    cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND,
    serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418
    755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH
    Date: 2026.07.29 16:35:46 +05’30’



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