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2026 Supreme(Online)(Ker) 3373

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUDIN LAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.K.Rakesh
For the Respondents: Sri.K.A.Noushad, Sr. PP

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No.542/2025 of Vengara Police Station, Malappuram District. The offences alleged are punishable under Sections 22 (c) read with 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on

18.8.2025 from a place called 'Kooriyad', the applicants along with the accused No.3 were found in possession of 54.08 gms of MDMA inside a car bearing No.KL 65/H 2378.

4. I have heard Sri. K. Rakesh, the learned counsel for the applicants and Sri. K.A. Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicants submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicants were not furnished with the grounds of arrest, their arrest was illegal and is liable to be released on bail. On the other hand, the learned Senior Pub

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