The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arrest and subsequent detention are illegal.

ORDER :

1. In this petition, the petitioner seeks following reliefs:

1. Set aside the order of arrest dated 12.07.2024 by the Respondent No.2 Parappana Agrahara P.S., Bengaluru City and order of remand dated 13.07.2024 passed by the Hon’ble IX Additional Chief Judicial Magistrate, Bengaluru in Crime No.357/2024 for the offences punishable under sections 8(c) and 22(c) of NDPS Act, R/w Section 14 of Foreigners Act, pending on the file of the Hon’ble XXXIII Addl. City Civil and Sessions Judge and Special Judge for NDPS cases (CCH-33), at Bengaluru and set at liberty forthwith;

2. Direct the Respondent No.3 to release/set at liberty the Petitioner forthwith in Crime No.357/2024, now pending on the file of the Hon’ble XXXIII Addl. City Civil and Sessions Judge and Special Judge for NDPS cases (CCH-33), at Bengaluru;

3. Pass such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is arraigned as accused No.2 in Crime No.357/2024 registered against the petitioner/accused No.2 and one Sri. Kingsley Nana-accused No.1 for the offences punishable under Sections 8 (c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of the Foreigners Act, 1946. On an earlier occasion, the petitioner/accused No.2, along with the aforesaid Sri. Kingsley Nana/accused No.1, had approached this Court in Crl.P. No.10739/2025 in which the petitioner herein was petitioner No.2, while the aforesaid Sri. Kingsley Nana was petitioner No.1. In the said petition, a memo was filed on behalf of the present petitioner (petitioner No.2 in Crl. P. No.10739/2025) seeking withdrawal of the petition insofar as he was concerned. The said memo was placed on record and, by final order dated 24.07.2025, this Court allowed the aforesaid Crl.P. No.10739/2025 only insofar as accused No.1- Sri. Kingsley Nana was concerned by holding as under:

4. In this petition, petitioners have sought for the following reliefs:

“1. Set aside the order of arrest dated 12.07.2024 by the Respondent No.2 Parappana Agrahara PS, Bengaluru City and order of remand dated 13.07.2024 passed by the Hon'ble IX Chief Judicial Magistrate, Bengaluru in Crime No.357/2024 for the alleged offences punishable u/ss. 8(c), 22(C) of NDPS Act R/w Sec. 14 of Foreigners Act and now pending on the file of the Hon'ble XXXIII Addl. City Civil and Sessions Judge and Special Judge for NDPS cases (CCH-33), at Bengaluru District, Bengaluru and set at liberty forthwith;

2. Direct the Respondent No.3 to release/set at liberty the Petitioners forthwith in crime No.357/2024, now pending on the file of the Hon’ble XXXIII Addl. City Civil and Sessions Judge & Special Judge for NDPS cases (CCH-33), at Bengaluru;

3. Pass such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioners and learned HCGP for respondents - State and perused the material on record. For the order proposed, notice to de- facto complainant is dispensed with.

3. Learned counsel for the petitioners while filing a Memo for withdrawal submits that he may be permitted to withdraw this petition qua petitioner No.2 since there is another petition pending qua petitioner No.2 before this Hon’ble Court seeking for the same reliefs as sought for in this petition. The said Memo is placed on record.

4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of