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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAKEER K.P – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. application filed under bnss seeking bail for possession of lsd. (Para 1 , 2 , 3) |
| 2. arguments presented regarding legality of arrest based on grounds disclosure. (Para 4 , 5) |
| 3. ratio decidendi involving invalidation of arrest due to non-communication. (Para 7) |
| 4. court's observation regarding constitutional requirements for arrest procedures. (Para 8 , 10 , 11 , 12) |
| 5. final outcome allowing bail with specified conditions. (Para 13 , 14) |
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 sole accused in Crime No.324/2023 of Ambalathara Police Station, Kasaragod District. The offence alleged is punishable under Sections 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985.
3. The prosecution case, in short, is that on 26.07.2023 at around 13:10 hours, the applicant was found in possession of 0.1 grams of LSD Stamp in the dashboard of a vehicle, Alto car bearing registration number KL-14-T-9294 and thereby committed the offence.
4. I have heard Sri.Sam Isaac Pothiyil, the learned counsel for the applicant and Smt.V.Sreeja, the learned S
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