IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RAYEES.R.M. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused arrested for possession of mdma. (Para 1 , 2 , 3 , 4) |
| 2. prosecution argues against bail due to quantity of contraband. (Para 5 , 6) |
| 3. grounds for arrest must be communicated as per constitutional mandate. (Para 7 , 8) |
| 4. failure in proper communication vitiates arrest. (Para 9 , 10) |
| 5. bail granted due to vitiated arrest. (Para 11) |
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.275 of 2025 of Ernakulam North Police Station registered for the offence punishable under section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. According to the prosecution on 22.07.2025, the accused was found in possession of 54.10 gram of MDMA and thereby committed the offences alleged. Petitioner was arrested on 22.07.2025, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the petitioner has been in custody since 22.07.2025. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
5. The learned Public
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