The failure to communicate the grounds of arrest renders the arrest illegal, violating constitutional rights.

ORDER :

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.900/2025 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 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 pursuant to the conspiracy hatched between the accused to gain illegally by selling psychotropic substances, the applicant, who was working in Oman brought his wife, the accused No.5 and minor children to Oman. The applicant along with his wife and children returned to India on 09.07.2025. The applicant brought 1.235 Kgs of Methamphetamine under the guise of bringing dates. The applicant along with his wife and children and accused No.2 travelled in a car to their house and accused Nos.3 and 4 took the dates in the vehicle which followed the car in which the applicant was travelling. On getting information about the transaction of contraband articles under the NDPS Act, the respondent Nos. 2 and 3 intercepted the vehicle in which the accused were travelling and seized the contraband and thereby the applicant committed the offences.

4. I have heard Sri.Latheesh Sebastian, 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 person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicant was not furnished with the grounds of arrest, his arrest was illegal and is liable to be released on bail. On the other hand, the learned Senior 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 further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicant and hence he is not entitled to bail at this stage.

6. The applicant was arrested on 10.07.2025 and since then he is in judicial custody.

7. Though prima facie there are materials on record to connect the applicant with the crime, since the applicant has raised a question of absence of communication of the grounds of his arrest, let me consider the same.

8. Chapter V of BNSS, 2023 deals with the arrest of persons. Sub-section (1) of Section 35 of lists cases when police may arrest a person without a warrant. Section 47 of clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Noncompliance with Article 22(1) of the Constitution will be a violation of the fundamental right of the accused guaranteed by the said Article. It will also amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution.

9. The question whether failure to communicate written grounds of arrest would render the arrest illegal, necessitating the release of the accused, is no longe