Re-arrest in Arms Act case despite procedural lapse is legal, rules HC

THE Delhi High Court has clarified that re-arrest of an accused is not barred in law, even if a prior arrest was rendered illegal due to procedural lapses, as long as the defects are subsequently cured.

- EXPRESS NEWS SERVICE @ New Delhi

Justice Swarana Kanta Sharma delivered the ruling while dismissing a batch of petitions filed by several accused persons, who had challenged their re-arrest in an Arms Act case being investigated by Delhi Police's special cell. They had also assailed a trial court order which had upheld the legality of the subsequent arrest.

"It would essentially mean that a serious offender may escape the process of law solely on account of a procedural lapse committed by the investigating agency, even if sufficient material exists justifying his arrest," the court observed.