The Bombay High Court has dismissed a writ petition filed by Vikas Kumar Gupta alias Vicky, who had challenged his arrest by the Narcotics Control Bureau (NCB) in connection with a codeine-based cough syrup smuggling case. The court held that his detention was carried out in accordance with the law and did not infringe upon his fundamental rights.
Background of the Case
The case originated in March 2025 when the NCB seized 7,200 bottles of codeine phosphate from one accused, Jayshankar Gaud. During interrogation, Gaud revealed that the consignment was meant for another accused, Mohammad Husain Khan. A subsequent raid at Khan’s premises led to the recovery of 10,800 nitrazepam tablets and 120 more bottles of codeine syrup. Both men pointed to Gupta as the supplier.
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Following this, the NCB issued summons to Gupta under Section 67 of the NDPS Act, directing him to appear before its Mumbai office. The summons was served in Varanasi and bore his signature of acknowledgment.
Petitioner’s Claim of Illegal Detention
Gupta alleged that on 27 March 2025, NCB officers had forcibly taken him into custody in Varanasi. He claimed that CCTV footage from his residence and shop proved that he was picked up around 11 a.m. and made to book his own flight to Mumbai that evening.
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According to him, his formal arrest was deliberately shown as 28 March 2025, and he was produced before the magistrate only on 29 March, which he argued amounted to illegal detention beyond the 24-hour constitutional limit. His counsel cited a previous Bombay High Court ruling in Kaushik R. Thakkar v. State of Maharashtra, where delayed production before a magistrate was held to be a violation of Articles 21 and 22 of the Constitution.
The NCB, however, strongly denied these allegations. In its affidavit, the agency maintained that Gupta had traveled voluntarily to Mumbai in compliance with the summons and was not under coercion. It emphasized that his statement was recorded on 28 March at the NCB office, after which he was formally arrested at 5:30 p.m. on the same day. He was then produced before the magistrate on 29 March, which, according to NCB, was well within the permissible time frame.
High Court’s Findings
The division bench comprising Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad examined the case records, the arrest memo, and CCTV screenshots. The judges noted that the memo of arrest clearly mentioned that Gupta was informed of the grounds of arrest on 28 March and had acknowledged the same with his signature.
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Rejecting the claim of illegal detention, the bench observed:
“The CCTV footage from the Varanasi shop does not disclose any element of force or arrest being made as alleged by the petitioner. The petitioner has booked his own flight tickets from Varanasi to Mumbai. It would have been a different matter had the NCB booked his tickets.”
The court also distinguished the facts of the Kaushik Thakkar case, clarifying that unlike that matter, Gupta had been produced before the magistrate within 24 hours of his arrest.
Concluding the matter, the bench held that Gupta’s arrest was valid and conducted as per law. The petition was declared “devoid of merit” and dismissed.
Case Title: Vikas Kumar Gupta @ Vicky vs Union of India & State of Maharashtra
Case Number: Writ Petition No. 3316 of 2025
