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2025 Supreme(Online)(Ker) 54865

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
TONY THOMAS – 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: SRI. M.C. ASHI-SENIOR PUBLIC PROSECUTOR

K.BABU, J.

--------------------------------------

B.A No.12712 of 2025 ---------------------------------------

Dated this the 5th day of December, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is accused No.4 in Crime No.1/2024 of Excise Range Office, Palakkad. The offences alleged against the petitioner are punishable under Sections 20(b)(ii)(C), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The prosecution case is that on 13.01.2024 at about 7.30 p.m., near platform No.1 of Palakkad Junction Railway Station at Olavakkode, accused Nos.1 and 2 were found in possession of

48.700 kilograms of ganja for the purpose of sale.

4. The petitioner was arrested on 14.02.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the officer who arrested the petitioner/accused No.4 had not complied with the mandate of Article 22(1) of the Constitution of India and Section 47 of the BNSS in the sense that the grounds of arrest were not communicated.

7. Th

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