Supreme Court Overturns Punjab & Haryana High Court Bail Denial; Holds Non-Supply of Written Grounds of Arrest Renders Custody Illegal in NDPS Case

Case Name: Dr. Rajinder Rajan v. Union of India and Another
Citation: 2026 INSC (Order dated 01 April 2026)
Date of Judgment/Order: 01 April 2026
Bench: Hon’ble Mr. Justice Vikram Nath; Hon’ble Mr. Justice Sandeep Mehta

Held: The Supreme Court held that non-supply of written grounds of arrest to an accused violates the constitutional mandate under Articles 21 and 22(1), rendering the arrest and subsequent custody illegal, and entitles the accused to be released on bail.

Summary: The case arose from rejection of bail applications by the Punjab and Haryana High Court in an NDPS matter involving alleged illegal possession of Tramadol tablets by medical professionals. The appellants contended that they were not provided with written grounds of arrest, relying on the decision in Mihir Rajesh Shah v. State of Maharashtra. The respondents argued that the grounds were orally explained and recorded in the arrest memo. The Supreme Court examined the arrest memo and found it to be a template document merely stating that grounds were explained orally. The Court reiterated that communication of grounds of arrest in writing is a mandatory constitutional requirement and cannot be substituted by oral explanation or general recital in the arrest memo. It emphasized that written grounds must be supplied within a reasonable time, at least before production before the Magistrate, failing which the arrest becomes illegal.

Decision: The Supreme Court allowed the appeals, set aside the orders of the Punjab and Haryana High Court rejecting bail, held the custody of the appellants illegal due to non-compliance with the requirement of furnishing written grounds of arrest, and directed their release on bail forthwith subject to furnishing bail bonds and conditions as deemed fit by the trial court, while disposing of all pending applications.