KAUSER EDAPPAGATH
Kamal Kumar Mandal – Appellant
Versus
State of Kerala – Respondent
ORDER
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.
2. The applicant is the sole accused in Crime No.8/2025 of Thrissur Excise Range Office, Thrissur District. The offences alleged are punishable under Sections 22(b)(ii)(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
3. The prosecution case, in short, is that on 28.01.2025, the applicant was found in possession of 23.400 kilograms of Ganja in violation of the NDPS Act and thereby committed the above offences.
4. I have heard Sri.Sam Isaac Pothiyil, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel appearing for the applicant submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the 2026:KER:7240 Constitution of India and Section 47 of the BNSS, and inasmuch as the applicant was not furnished with the grounds of arrest in the language known to him, his arrest was illegal and is liable to be released on bail. On the other hand, the learn
(1) Bail – Filing of charge-sheet and cognizance of order cannot validate an unconstitutional arrest – Constitutional requirement of informing arrestee of grounds of arrest is mandatory.(2) Dictum la....
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
Non-compliance with the requirement to inform an arrestee of the grounds for arrest renders the arrest illegal, violating constitutional rights.
The constitutional and statutory mandate to inform arrested persons of grounds for arrest is non-negotiable, and failure to do so renders the arrest illegal.
The requirement of informing an arrested person of the grounds for arrest is mandatory, and non-compliance renders the arrest illegal.
The arrest without communicating grounds violates fundamental rights under Article 22(1) of the Constitution, rendering it illegal.
The constitutional requirement to inform an arrested person of grounds for arrest is mandatory and noncompliance can lead to the invalidation of the arrest.
Mandatory communication of arrest grounds is vital for legal arrests, ensuring fundamental rights are upheld.
Failure to communicate grounds of arrest renders it illegal, mandating the release of the accused.
Communication of grounds for arrest is mandatory; failure renders arrest illegal.
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