Failure to communicate grounds of arrest renders it illegal, mandating the release of the accused.

O R D E R

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.385/2025 of Vellayil Police Station, Kozhikode District. The offence alleged is punishable under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that on 20.06.2025 at about 20.35 hours, the applicants were found possessing 22.246 kilograms of ganja in their rented house at Panikkar Road, Kasaba Village, Kozhikode Taluk.

4. I have heard Sri.C.C. Anoop, the learned counsel for the applicants and Smt.Sreeja V., 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 they are liable to be released on bail. On the other hand, the learned Senior Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the at the time of the arrest of the applicants. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicants and hence they are not entitled to bail at this stage.

6. The applicants were arrested on 20.06.2025 and since then they are in judicial custody.

7. Though prima facie there are materials on record to connect the applicants with the crime, since the applicants have raised a question of absence of communication of the grounds of their arrest, let me consider the same.

8. Chapter V of BNSS , 2023 deals with the arrest of persons. Sub-section (1) of Section 35 of lists cases when police may arrest a person without a warrant. Section 47 of clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Non compliance with Article 22(1) of the Constitution will be a violation of the fundamental right of the accused guaranteed by the said Article. It will also amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution.

9. The question whether failure to communicate written grounds of arrest would render the arrest illegal, necessitating the release of the accused, is no longer res integra. The Supreme Court in Pankaj Bansal v. Union of India and Others [(2024) 7 SCC 576] , while dealing with Section 19 of the Prevention of Money Laundering Act, 2002, has held that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. It was further held that a copy of written grounds of arrest should be furnished to the arrested person as a matter of course and without exception. In Prabir Purkayastha v. State (NCT of Delhi) (2024) 8 SCC 254], while dealing with the offences under the Unlawful Activities Prevention Act,1967 (for short, ‘UAPA’), it was held that any person arrested for an allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest has to be furnished to the arrested person as a matter of course and without exceptio