Desai- We are now 22 days in custody for issues that have now come for consideration.
Desai: First remand application does not talk about conspiracy. So the court, at the time of the first remand, was misled into believing that they were also charged under sections 28 and 29 of NDPS Act.
Desai argues that they should have been given a notice under Section 41A of the CrPC. And because they haven't been given such a notice, they should be released on bail.
Desai - So three people were arrested individually.
Why was there a need for an arrest based on the evidence at that time? There was no conspiracy at that point.
Desai refers to a judgment of the Andhra Pradesh High Court holding that Section 41A CrPC will apply to NDPS Act.
Desai : Bail is the rule and jail is the exception. Now it has become 'arrest is the rule and bail is the exception'.
Desai- In minor offences, arrest is the exception. This is the diktat of the Arnesh Kumar judgment. And this is the change in approach of the police.
Desai reads the Arnesh Kumar judgment, which prescribed directions against automatic arrest in lesser offences.
Desai submits that the arrest is illegal and he will explain why.
Desai - Especially when the offences alleged are punishable with less than one year. A notice under section 41A of the CrPC should have been issued, asking them to join the investigation.