Delhi High Court: Serving grounds of arrest on accused during remand not valid, 'contemporaneous record' in Police Diary necessary

Therefore, the Magistrate rejected police's remand application and granted him interim bail which was extended from time to time and was later made absolute.

- TDG NETWORK

The Delhi High Court in the case Vikas Chawla @ Vicky Versus The State Of NCT Of Delhi observed that serving the grounds of arrest to an arrestee as part of the remand application moved by the Police before the Magistrate is no compliance with the requirements of law.

The bench headed by Justice Anup Jairam Bhambhani in the case held that since grounds of arrest must exist before an arrest is made, there must be a contemporaneous record of the grounds of arrest in the police diary or other document.

The court in the case stated that there can be no such reason or justification for an investigating officer or arresting officer to not communicate to an arrestee the grounds of arrest in writing.