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2025 Supreme(Online)(Ker) 42930

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Sadhikkali – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: ADV. NOUSHAD K.A.

Table of Content
1. application filed under bnss. (Para 1 , 2 , 3)
2. counsel's arguments on custody and communication of grounds. (Para 4 , 5)
3. court's observations on the necessity of grounds communication. (Para 6 , 7 , 8)
4. court's reasoning for invalidating the arrest. (Para 9)
5. final ruling for release of the petitioner. (Para 10 , 11)

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the third accused in Crime No.808 of 2025 of Bakel Police Station, Kasargod, 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 08.07.2025, the accused were found in possession of 256.02 grams of MDMA while transporting it in a vehicle bearing Reg. No.KL-14-T-3877 and thereby committed the offences alleged. Petitioner was arrested on 10.07.2025, and he has been in custody since then.

4. The learned counsel for the petitioner submitted that the petitioner has been in custody since 10.07.2025. It was submitted that the grounds for arrest were not communicated to the petitio

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