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2026 Supreme(Online)(Ker) 4047

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


Advocates:
For the Appellants/Petitioners: SHRI.AMALJITH C. ANU
For the Respondents: SRI.K.A.NOUSHAD, SR. PP

O R D E R

Dated this the 27th day of January, 2026 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.449/2025 of Edathala Police Station, Ernakulam District. The offences alleged are punishable under Sections 22 (c), 29 and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

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

10.05.2025 at about 04:15 pm, the applicant along with the accused No.2 were found in possession of 58.73 grams of MDMA and 27 grams of Ganja from room No.1004 of 1st floor of the Royal Enclave building near Manalimukku, Edathala.

4. I have heard Sri. Amaljith C.Anu, the learned counsel for the applicant and Sri. K.A.Noushad, 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 was not furnished with the grounds of arrest, his arrest was illegal and

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