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