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2026 Supreme(Online)(Ker) 4220

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL, SMT.S.SURAJA, SHRI.MUHAMMED SUHAIR C.A
For the Respondents: SMT.SREEJA V., SR. PP

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 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 is liable to be released on bail. On the other hand, the learned Senior Publ

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