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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHIHAB.K. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts concerning the arrest and custody of the petitioner. (Para 2 , 3 , 4) |
| 2. arguments regarding the grounds communicated at arrest. (Para 5 , 6) |
| 3. court's observations on procedural compliance and arrest protocols. (Para 7 , 8 , 9) |
| 4. ratio for granting bail based on failure to communicate arrest grounds. (Para 10) |
O R D E R
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the first accused in Crime No.126 of 2024 of Excise Range Office, Mananthavady, registered for the offences punishable under sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. According to the prosecution on 26.12.2024, the accused were found in possession while transporting 60.077 grams of methamphetamine in a Maruti Suzuki Waganor car bearing Reg. No.KA-05-LA-5581 and thereby committed the offences alleged. Petitioner was arrested on 26.12.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the petitioner has been in custody since 26.12.2024. It was submitted that the grounds for arrest were not com
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