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 :
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
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.
Mandatory communication of arrest grounds under Article 22(1) of the Constitution and BNSS is essential; failure to provide specifics on contraband quantity does not invalidate arrest if sufficient i....
The requirement to communicate grounds of arrest is mandatory under Article 22(1) and noncompliance can render an arrest illegal.
Failure to inform an arrested person of the grounds for arrest can render the arrest unlawful; however, the specification of contraband quantity applies only to accused in possession.
Non-compliance with the mandatory requirement to inform arrested individuals of grounds for arrest can render the arrest illegal; however, if procedures are followed, the application for bail may be ....
Non-communication of arrest grounds violates constitutional rights, necessitating procedural compliance.
Notification of arrest grounds is constitutionally mandated and noncompliance renders arrest illegal, barring compelling reasons.
Failure to communicate grounds of arrest renders it illegal and violative of constitutional rights.
Compliance with statutory obligations in arrest procedures is essential, particularly communicating grounds of arrest to uphold constitutional rights.
The court reaffirmed the constitutional and statutory requirement to inform the arrestee of the grounds of arrest, and non-compliance renders the arrest illegal.
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