On Monday, the Supreme Court overturned a Bombay High Court order requiring the state to give an accused 72 hours' notice before arresting him. The division bench was made up of Chief Justice DY Chandrachud and Justice PS Narasimha.

"The direction issued by the High Court to the effect that 72 hours' notice should be given to the first respondent in the event that the State finds it necessary to arrest him in connection with any complaint pertaining to a cognizable offence at the behest of the Joint Registrar (Audit) is manifestly incorrect in law. Such a direction could not have been issued by the High Court."

The bench cited the decision in Union of India v Padam Narain Aggarwal (2008) 13 SCC 305 in this regard. The said judgement held that a direction requiring prior notice before arrest couldn't be granted.

Case Title: Vijaykumar Gopichand Ramchandani vs Amar Sadhuram Mulchandani 
Citation: SLP (Crl) 9092 of 2022 
Link: 

https://main.sci.gov.in/supremecourt/2022/16469/16469_2022_1_46_40343_Order_05-Dec-2022.pdf