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2026 Supreme(Online)(Ker) 4042

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
IRSHAD.C.P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.O.D.SIVADAS, SMT.VINAYA V.NAIR
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 applicant is the accused No.1 in Crime No.1104/2025 of Sulthan Bathery Police Station, Wayanad District. The offence alleged is punishable under Section 22 (c) 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

09.08.2025 at about 10.15 am, the police officials during the inspection of vehicle No. TN 73/AK 6262 at Muthanga check post, detected 199.25 gms of MDMA from the applicant and accordingly, the applicant was arrested alleging that the applicant with the connivance of the accused No.2 imported MDMA from Chennai to Kerala.

4. I have heard Sri.O.D.Sivadas, the learned counsel for the applicant and Sri.K.A.Nousad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicant 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 applicant w

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