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Arrest begins when movement restricted, memo time no factor: HC

Millennium Post Kolkata

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May 15, 2025

The presence of a lady constable during the search and seizure, coupled with videography, ensured procedural fairness

- SOUMYADIP MULLICK

KOLKATA: Observing that an arrest begins once an individual's liberty to move anywhere is restricted irrespective of the time mentioned in the arrest memo, Calcutta High Court rejected the bail petition of a woman who alleged she was formally booked by the police after sunset in a narcotic case.

The bench of Justice Ajoy Kumar Mukherjee was moved by the petitioner for bail. On receiving credible intelligence that the petitioner would engage in a transaction involving a large quantity of heroin, the police on February 4, 2025, at approximately 4:25 pm, accompanied by a lady constable, followed the petitioner into a house owned by her son-in-law.

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