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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
| 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 :
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.
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.
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 Constitution of India and Section 47 of the BNSS , and since the applicant was not furnished with the grounds of arrest, his arrest was illegal and he is liable to be released on bail. On the other hand, the learned Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the at the time of the arrest of the applicant. It is fur
An arrest under the NDPS Act is valid despite failure to communicate the quantity of contraband to those not in possession of it, provided their role is duly explained.
The requirement to communicate grounds of arrest is mandatory under Article 22(1) and noncompliance can render an arrest illegal.
Failure to communicate grounds of arrest renders it illegal and violative of constitutional rights.
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.
The failure to inform an arrested individual of the grounds for arrest, as required by Article 22(1) of the Constitution, renders the arrest illegal.
The non-compliance with the requirement to inform arrested individuals of the grounds for their arrest renders such arrests illegal, thus entitling the accused to bail.
The court reiterates that communication of arrest grounds is a mandatory constitutional requirement; non-compliance renders the arrest illegal.
Noncommunication of arrest grounds violates constitutional rights requiring immediate information, rendering arrest illegal.
Failure to communicate grounds of arrest constitutes an illegal arrest, violating constitutional and statutory mandates.
Failure to inform an arrested person of the grounds for their arrest is a violation of constitutional rights and renders the arrest illegal.
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