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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
BABY AUGUSTIN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. bail application under bnss. (Para 1 , 2 , 3) |
| 2. communication of arrest grounds questioned. (Para 4 , 5) |
| 3. legal requirement of informing grounds for arrest. (Para 6 , 7 , 8 , 9) |
| 4. violation of rights leads to bail. (Para 10) |
| 5. bail granted with conditions. (Para 12) |
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the second accused in Crime No.25 of 2021 of Varappuzha Excise Range OfÏce, Ernakulam, registered for the offences punishable under Section 20 (b)(ii)(C), 29 and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
3. According to the prosecution, on 30.12.2021, 2 kilograms of ganja were found in possession of the first accused, and pursuant to his confession, 94.100 kilograms of ganja were recovered from petitioner’s room and car, and thereby the accused committed the offences alleged. Petitioner was arrested on 28.02.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that petitioner has been in custody since 28.02.2024. It was submitted that the grounds for arrest were not communicated to the petit
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