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2025 Supreme(Online)(Ker) 49476

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Mohamed Sabah, J
SANTHOSH @ SANTHOSHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri. P Mohamed Sabah
For the Respondents: Sri. Noushad K A

Table of Content
1. arrest related to narcotics offenses. (Para 2 , 3)
2. overview of legal representation. (Para 4)
3. procedural challenges raised regarding communication of grounds for arrest. (Para 5 , 6 , 7)
4. court affirmed legality of arrest under warrant without additional communication. (Para 8)

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’). 2. Petitioner is the accused in Crime No.7 of 2019 of Wayanad Excise Enforcement and Anti Narcotic Special Squad, registered for the offences punishable under Sections 8 (c),20(b)(ii)(c) and 43(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, ‘NDPS Act’].

3. According to the prosecution, on 13.01.2019 at 11.20 hours, a Maruti Swift Dezire car bearing registration No.KL 72 A 6763 was intercepted, and on examination, 30 Kg. of dry ganja was found concealed inside the car. On noticing the excise party, the accused abandoned the car and fled. In pursuance of the same, a crime was registered. Investigation has revealed that the car and the contraband belonged to the petitioner and thereby he committed the offences alleged. Petitioner was ar

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