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2026 Supreme(Ker) 132

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Imran @ Hamsath Ikthiyar @ Irshad, S/o. Late Abhubacker – Appellant
Versus
Bail Appl. No. 12588 Of 2025 – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Mohamed Sabah, Sri. Libin Stanley, Smt. Saipooja, Sri. Sadik Ismayil, Smt. R. Gayathri, Sri. M. Mahin Hamza, Shri. Alwin Joseph, Shri. Benson Ambrose
For the Respondent: Sri. K.A. Noushad, Sr. Pp.

Table of Content
1. accused charged under ndps act. (Para 2 , 3)
2. legal compliance examined. (Para 4 , 7)
3. right to be informed of arrest grounds. (Para 5)
4. mandatory requirement for arrest grounds. (Para 8 , 9)

ORDER :

KAUSER EDAPPAGATH, J.

1. 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 accused No.1 in Crime No.56/2025 of Kunnamangalam Police Station, Kozhikode District. The offences alleged are punishable under Sections 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

3. The prosecution case, in short, is that on 21/1/2025 at 12.50 p.m, the accused Nos. 1 and 2 were found in possession of 221.89 grams of MDMA inside an almirah in room No.208 of Hotel VR Residency, Karanthur, Kunnamangalam, for sale and thereby committed the aforementioned offences.

4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.K.A.Noushad, 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 perso

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