arrested at about 11.45 p.m. on 19th March, 2023 at Godhra, Gujarat and were produced for remand before the 45th Additional Sessions Judge, Mumbai on 21st March, 2023 i.e. after 36 hours of their arrest. That, the Press-Note issued under the signature of Dr. Balsingh Rajput dated 20th March, 2023 and electronic news duly supports the said fact. He submitted that, the Petitioners were not produced before the concerned Magistrate having jurisdiction over the place, where the Petitioners were arrested and were produced before the learned 45th Additional Sessions Judge, Mumbai after 36 hours from their arrest which is in violation of Article 22(2) of Constitution of India and Section 57 of the Cr.p.C. He submitted that, the Respondent-State did not obtain transit remand from the Magistrate in the State of Gujarat for bringing the Petitioners to Mumbai. The directions provided in the decision of Supreme Court in the case of D.K. Basu Vs. State of W.B. reported in (1997) 1 SCC 416 are not followed. That, the learned 45th Additional Sessions Judge, Mumbai has not taken into consideration the said aspect and remanded the Petitioners to police custody till 27 th March, 2023. He submitted that, as there is breach of Section 57 of the Cr.P.C., the Petitioners are entitled to be released from custody of Respondent-State forthwith.
