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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAFEEQ – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the case involves an application for bail based on arrest legality. (Para 1 , 2) |
| 2. arguments regarding communication of arrest grounds. (Para 4 , 5) |
| 3. court's analysis on the legality of the arrest. (Para 6 , 7) |
| 4. finding of illegal arrest due to non-communication. (Para 8) |
| 5. court's direction for the applicant's release. (Para 9) |
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 applicant is the accused No.1 in Crime No.1131/2025 of Kondotty Police Station, Malappuram District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
3. The prosecution case, in short, is that on 05.10.2025 at
06.30 p.m., the applicant, along with other accused, was found in possession of 152.64 grams of MDMA and 0.65 grams of Ecstacy at a place called Kannamvettikkavu, Ambalakkandy, while the applicant and the other accused were sitting inside two cars with registration Nos.KL 84 C 7458 and KL 84 D 3342.
4. I have heard Sri.M.Devesh, the learned counsel for the applicant and Sri.M.C.Ashi, the
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