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2026 Supreme(Online)(Ker) 3452

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


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SMT.DIPA V., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SRI.RAAJESH S.SUBRAHMANIAN
For the Respondents: SRI.M.C.ASHI, SR. PP

Table of Content
1. arrest communication requirements. (Para 2 , 4 , 5)
2. necessity of informing grounds. (Para 6 , 7 , 8)
3. legal principles on arrest validity. (Para 9 , 10 , 11 , 12 , 13)

ORDER

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

2. The applicant is the accused No.2 in Crime No.74/2022 of Excise Enforcement and Anti-Narcotic Special Squad, Ernakulam. The offences alleged are punishable under Sections 22 (c) and 20(b)(2)(a) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').

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

14.10.2022 at about 02.30 a.m. the detecting officer had seized 2.3485 gms of LSD Stamp (115 nos) and 77 gms of Hashish Oil from the house bearing No.22/1493, Balayil Veedu, Mundamveli, Boundary Desom, Palluruthy, Kochi, the house owned by the accused No.1 and he was arrested. But on investigation, it was revealed that the son of the accused No.1 who is the accused No.2 herein is the kingpin of this narcotic deal. Thereby he was arraigned as the accused No.2 and he was arrested on 26.12.2024.

4. I have heard Sri.

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