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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Ashique – Appellant
Versus
State Of Kerala Represented By By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. allegations against applicant regarding drug smuggling. (Para 2 , 3) |
| 2. communicating grounds of arrest critical for legal procedure. (Para 5 , 6) |
| 3. legal interpretation of arrest procedures and rights. (Para 7 , 8) |
| 4. grounds for arrest must be communicated to relatives. (Para 9) |
ORDER :
Kauser Edappagath, J.
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.6 in Crime No.75/2025 of Palluruthy Police Station, Ernakulam District. The offences alleged are punishable under Section 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').
3. The prosecution case, in short, is that the applicant and accused Nos. 1 to 5 entered into a conspiracy and smuggled narcotic drugs with the help of accused Nos. 3 and 5. The police seized 108.9378 grams of MDMA packed in 5 zip-lock covers. The accused No.1 is alleged to have stored these drugs for sale inside a bag in the cupboard of a rented house and thereby committed the offences.
4. I have heard Sri.Francis Assisi, the learned counsel for the applicant and Sri.K.A.Nousha
The lack of communication regarding the grounds of arrest renders the arrest illegal, entitling the accused to bail under established legal principles.
Failure to communicate the grounds of arrest to an arrestee's relatives, even in cases of formal arrest via production warrant, renders the arrest procedurally illegal and entitles the accused to bai....
The failure to communicate the grounds of arrest renders the arrest illegal, thereby entitling the accused to bail.
The absence of communication of arrest grounds to relatives renders the arrest illegal, necessitating bail release.
Non-communication of arrest grounds to relatives renders the arrest illegal and grants entitlement to bail.
The failure to communicate arrest grounds to an accused's relatives renders the arrest illegal, warranting bail.
The failure to communicate the specific grounds of arrest to the relatives of an accused person, even in cases involving production warrants, renders the arrest illegal and provides a valid ground fo....
Arrest without proper communication of grounds to relatives renders it illegal, necessitating bail.
The failure to communicate arrest grounds to relatives renders the arrest illegal, hence entitling the accused to bail.
The failure to communicate arrest grounds to relatives renders the arrest illegal, granting the accused entitlement to bail.
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