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2025 Supreme(Online)(Kar) 17597
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6741 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN: DIPAN DAS S/O DUKHAI DAS, AGED ABOUT 21 YEARS R/A NO. 3/21, PANDABPUR VILLAGE, PANDABPUR POST, TRIPURA WEST, TRIPURA.
…PETITIONER (BY SRI. RAKSHITH R, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY BYAPPANAHALLI PS REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001.
2. NALLARAJU PSI S/O BUDDAIAH, AGED ABOUT 55 YEARS BANGALORE CITY RAILWAY PS Digitally signed BENGALURU -560 068.
by CHANDANA B M
3. CHIEF SUPERINTENDENT- CENTRAL PRISON, Location: H igh PARAPPANNA AGRAHARA Court of Karnataka BANGALORE – 560 068.
…RESPONDENTS (BY SRI.B.N.BELLIAPP, SPP-I A/W SRI. K. NAGESHWARAPPA, HCGP FOR RESPONDENTS)
THIS CRL.P FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED 25.06.2024 IN CR.NO.48/2024 OF BYAPANAHALLI P.S., FOR THE OFFENCE P/US/ 20(b)(ii)(c) OF NDPS ACT PENDING ON THE FILE OF THE XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU (CCH-35) IN SPL.C.NO.1997/2024 AND CONSEQUENTLY DIRECT RESPONDENT NO.3 TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
The requirement to inform a person arrested of the grounds for arrest is mandatory; non-compliance renders the arrest illegal, violating fundamental rights under Article 21 and 22(1) of the Constitution.
Headnote:(A) Constitution of India - Article 22(1) - BNSS, 2023 - Sections 47, 48 - NDPS Act - Section 52 - Petitioner seeks quashing of arrest and remand order for failure to provide grounds of arrest. Grounds mandated must be communicated effectively and promptly to uphold rights of the accused. Court reiterates that non-compliance renders the arrest illegal. View supported by case law. (Paras 3, 26-28)
(B) Constitutional Safeguards - The requirement to be informed of grounds is a mandatory constitutional condition. Failure to inform violates fundamental rights and renders the arrest invalid. (Paras 22-26)
Facts of the case:
The petitioner was arrested and subsequently remanded without proper communication of the grounds of arrest, as stipulated by law, leading to the petition.
Findings of Court:
The arrest was quashed due to non-compliance with constitutional safeguards, necessitating the petitioner's release under specified conditions.
Issues: Whether the failure to provide grounds of arrest constituted a violation of the petitioner's rights.
Ratio Decidendi: The court found that informing the arrested person of the grounds for arrest is a mandatory requirement. Non-compliance vitiates the arrest and affects subsequent proceedings.
Result: Petition allowed; arrest quashed; petitioner ordered to be released subject to conditions.
ORAL ORDER
In this petition, petitioner seeks following reliefs.
“ To quash the arrest and remand order dated:25.06.2024 in Cr.No.48/2024 of Byappanahalli P.S. for offence punishable under Section 20(b) (ii) (c) of NDPS Act pending on the file of xxxiv Addl.City City & Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-35) in Spl.C.No.1997/2024 and consequently direct Respondent No.3 to release the petitioner from judicial custody in the interest of justice.”
2. Heard learned counsel for the petitioner and learned SPP – I along with HCGP for respondents - State and perused the material on record. For the order proposed, notice to de-facto complainant is dispensed with.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 ( Section 50 and 50A of Cr.P.C.) and Section 52 of the NDPS Act had not been issued either to the petitioner and/or to his relatives, friends and nominees / disclosed persons and in the light of the decisions of the Apex Court in the cases ofPankaj Bansal Vs. Union of India – (2024) 7 SCC 576 , Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254, Vihaan Kumar Vs. State of Haryana – 2025 INSC 162 and Kasireddy Upender Reddy vs. State of Andhra Pradesh & others – 2025 INSC 768 , the impugned arrest and remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner, especially when the grounds of arrest as required under Section 52 of NDPS Act , which mandates furnishing of grounds of arrest had not been complied with by the respondents.
4. Learned SPP – I for respondents submits that grounds of arrest were not furnished / communicated to the petitioner as required in law and necessary orders in the instant case may be passed by this Court.
5. At this juncture, it would be necessary to extract the relevant provisions under the Constitution of India , BNSS 2023 and NDPS Act .
Article 22(1) of the Constitution of India reads as under:-
“22. Protection against arrest and detention in certain cases -
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
Sections 47 and 48 of BNSS, 2023 reads as under:-
“ Section 47 . Person arrested to be informed of grounds of arrest and of right to bail.
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.”
“ Section 48 . Obligation of person making arrest to inform about arrest, etc., to relative or friend.
(1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, prov
