The Judicial Magistrate First Class (JMFC), Mapusa, has ordered the immediate release of Khaja Sayyed after rejecting the Porvorim Police’s application for custodial remand in connection with the Highland Villas trespass and attempted theft case.
In its order, the court held that Sayyed’s arrest was “illegal,” observing that he had complied with a notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by appearing before the investigating officer as directed.
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The court noted that despite his cooperation with the investigation, the police arrested him without recording written reasons explaining why the arrest was necessary. It emphasised that such reasons are mandatory under the law and must be capable of withstanding judicial scrutiny.
Consequently, the JMFC rejected the police remand plea and directed the immediate release of the accused.
