Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanja

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanjay paid the fine and the case was closed. In 2024, the State Legislature amended the Environmental Law. Now the same offence carries mandatory imprisonment of one year along with fine. The authorities reopened Sanjay's old case and issued a warrant for his arrest under the new law even though the offence took place before the change. Police took Sanjay into custody and kept him in the police station for three days without producing him in front of a magistrate. During questioning, the officers forced him to give thumb impression and voice sample, arguing that it did not require his consent as they were not 'statements'. Sanjay was suffering from severe asthma. While in custody, he had a serious asthma attack but no proper medical care was provided. He collapsed finally before being taken to a hospital. Sanjay's family went to the High Court pleading that his fundamental rights under Article 20, 21 and 22 of the Constitution were violated. The State pleaded that the new law was necessary for public interest and environmental safety. Based on the above situation answer the following questions: (iii) Sanjay was detained for three days without producing him before a magistrate. Decide whether this act of police would amount to violation of Article 22 of the Constitution?

Answer & Explanation:

According to Article 22(2) of the Constitution of India, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. Therefore, the act police by detaining Sanjay for three days without producing him before the magistrate would amount to violation of Article 22 of the Constitution of India.

Topics: Constitutional Law

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