Supreme Court Ends Detention-Arrest Distinction, Says 24-Hour Clock Starts When Liberty Is Curtailed

The Supreme Court has ruled that the mandatory 24-hour period for producing a detained person before a magistrate begins from the moment their personal liberty is curtailed, not when the arrest is formally recorded. Rejecting any artificial distinction between detention and arrest, the bench said investigating agencies cannot create a buffer period to delay constitutional safeguards under Article 22(2). The ruling came in an NDPS case involving four accused in Tripura, whose immediate release was ordered over a violation of the 24-hour limit. The court also directed magistrates to record the exact time a person's liberty is restricted and verify compliance, stressing that constitutional protections cannot be diluted through procedural delays.
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