IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Shahina, D/o. Hashim – Appellant
Versus
State Of Kerala – Respondent
ORDER :
BECHU KURIAN THOMAS, J.
Petitioners in these applications seek regular bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS '). Since the accused in all these applications are alleged to have committed offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), and they claim the right to be released on bail alleging that the grounds for arrest have not been communicated, the cases are being disposed by this common order.
2. I have heard Sri. Babu S. Nair, Sri. N.A. Shafeek, Sri. K.K.Dheerendra Krishnan, Smt. Sai Pooja and Smt. Fathima Sulfath N.B, the learned counsel for the respective petitioners. It was contended that the entire allegations against the petitioners are false and they are all innocent. Apart from contending that there is a total absence of any material to connect the petitioners with the offence, the learned counsel submitted that the constitutional right of beinginformed of the grounds for arrest was not complied with, and therefore, the accused ought to be released forthwith.
3. Sri. K.A Noushad, the learned Public Prosecutor on the other hand submitted that the petitioners in each of
State of Kerala and Others v. Rajesh and Others
Narcotics Control Bureau V. Mohit Aggarwal
Pankaj Bansal vs. Union of India and Others
The requirement to communicate grounds for arrest is a constitutional obligation; non-compliance renders the arrest illegal, providing grounds for bail even under stringent statutory provisions.
The constitutional requirement to inform an arrested person of grounds for arrest is mandatory and noncompliance can lead to the invalidation of the arrest.
Noncommunication of arrest grounds violates constitutional rights requiring immediate information, rendering arrest illegal.
The failure to notify an arrested person of grounds for arrest constitutes a violation of constitutional rights, potentially rendering the arrest illegal.
Mandatory compliance with informing arrested individuals of arrest grounds under Article 22(1) of the Constitution is essential for lawful detention.
The constitutional requirement of informing an arrestee of the grounds for arrest is mandatory; failure to comply renders the arrest illegal, thus establishing firm due process standards.
Failure to communicate grounds of arrest constitutes an illegal arrest, violating constitutional and statutory mandates.
(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....
Mandatory communication of arrest grounds is vital for legal arrests, ensuring fundamental rights are upheld.
Communication of grounds for arrest is mandatory; failure renders arrest illegal.
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