Bombay High Court illegally seen the arrest of the businessman in a case of Rs 67 crore, ordered India news to release his news

Mumbai: The Bombay High Court vacation bench declared the arrest of 50 -year -old Anchor Group director Hemung Shah by the Mumbai Police’s Economic Offenses Wing (EOW) on Friday, citing failure by the police before a magistrate before a magistrate in 24 hours. The court ordered his immediate release from Arthur Road Jail.The holiday bench, which includes Justice Gauri Godse and Somsekhar Sundarson, said that the chat message between the wives of the two brothers supported Hemung Shah’s claim that his arrest and continuous custody intended to recover the settlement amount in arbitration between family members. The arrest was based on allegations of cheating his elder brother Mehul Shah worth Rs 67 crore.Hemung Shah petitioned HC, arguing that his arrest was illegal as he was not produced before the magistrate within 24 hours required by the law. He was detained at Delhi Airport on May 17 at 5.30 pm and was produced in court on May 18 at 10.45 pm. HC agreed that his arrest is “completely illegal without production before the nearest magistrate within 24 hours” and violates fundamental rights under Article 22 (2), which produces such a manner. Cedar was recorded by the elder brother at 2.14 pm with Malabar Hill Police Station in South Mumbai, and a look at the police station was issued a circular (LoC). The dispute being resolved before a mediator is between Hemang and his brother and his father on one side. An FIR was filed during mediation, and Hemung, on 17 May, was scheduled to fly from Delhi to Muscat, which was caught at the airport due to LoC.Police said they arrested him on 18 May, when the immigration department handed him over 4.30 pm, and then brought him to Mumbai. Senior advocate-complaints for the elder brother said that immigration officers could not be considered a police officer, and therefore his custody was not “arrest” by the police after being “accused” at the airport.EOW’s arrest memorandum stated that he was arrested on May 18 at 7.30 pm. The HC Peeth said, “In our view, the work of immigration officers is detained or arrest in 1730 hours on 17 May 2025, and hence will be beginning on 17 May 2025 under Section 58 of BNS and Article 22 (2) of the Constitution of India as a 24 -hour period.”