The requirement to inform arrested individuals of the grounds for their arrest must be followed as per Article 22(1), impacting the validity of their arrest.

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 grounds for arrest were communicated to the petitioners at the time of their arrest. It was also submitted that since the contraband seized from the petitioners was a commercial quantity, the rigour under section 37 of NDPS Act will apply and hence petitioners ought not to be released on bail.

6. Though prima facie there are materials on record to connect the petitioners with the crime, since the question of absence of communication of the grounds for their arrest have been raised, this Court is obliged to consider the said issue.

7. In the decisions inPankaj Bansal v. Union of India and Others, [(2024) 7 SCC 576] ,Prabir Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v. State of Haryana and Another [2025 SCC Online SC 269], it has been held that the requirement of informing a person of the grounds for arrest is a mandatory requirement of Article 22(1) and also that the said information must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds must be communicated to the arrested person effectively in the language which he understands.

8. In a recent decision in Shahina vs. State of Kerala [2025 KHC OnLine 706] , this Court had considered the impact of the aforesaid principles in relation to offences alleged under the NDPS Act and held that the grounds for arrest must be communicated.

9. In the instant case, on a perusal of the records of investigation, it is noticed that the arrest memo does not contain the grounds for arrest and refers only to the provisions of law. While the arrest intimation informed to the friend of the accused contains the necessary grounds for arrest. However, the grounds for arrest have not been communicated to the arrestees as contemplated by law. 10. Since the learned Public Prosecutor, pointed out that the investigation is still continuing and final report has not yet been filed, petitioners are entitled to be released on bail forthwith, as their arrest is vitiated.

11. Accordingly, there shall be a direction to the Manager of the Borstal School, Kakkanad, to release the petitioners forthwith.

Ordered accordingly.