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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SUROJ S.K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. possession and the resulting offences. (Para 2 , 3) |
| 2. arguments regarding communication of arrest grounds. (Para 5) |
| 3. court's observations on the requirement for arrest communication. (Para 6 , 7 , 8 , 9) |
| 4. final verdict on bail application. (Para 11) |
COMMON ORDER
These bail applications are filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioners in these two bail applications are accused 1 and
2 respectively in Crime No.362/2025 of Eloor Police Station, Ernakulam, registered alleging offences punishable under Sections 20 (b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS' Act').
3. According to the prosecution, on 10.08.2025, the accused was found in possession of 40.818 Kg of ganja and thereby committed the offences as alleged. Petitioners were arrested on 10.08.2025, and they have been in custody since then.
4. The learned counsel for the petitioners submitted that the grounds for arrest were not communicated to the petitioners or their relatives at the time of their arrest.
5. The learned Public Prosecutor opposed the bail application and submitted that the
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