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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED RUFINE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of the alleged offense and context of arrest. (Para 2 , 3 , 6) |
| 2. arguments regarding legality of arrest due to non-communication of grounds. (Para 4 , 5) |
| 3. judicial observations on the constitutional requirements of arrest. (Para 7 , 8) |
| 4. ratios established regarding requirement of communication of grounds of arrest. (Para 9 , 10 , 11) |
| 5. conclusion reaffirming the necessity of proper communication for validity of arrest. (Para 12 , 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. 906 of
2024 of Sulthan Bathery Police Station, Wayanad District. The offence alleged is punishable under Section 22 (c) of Narcotic Drugs and Psychotropic Substances Act 1985.
3. The prosecution case, in short, is that on 21.10.2024, at about 08.50 p.m., the applicant herein was found in possession of 68.92 grams of MDMA near the police check post at Muthanga in contravention of the NDPS Act and Rules and thereby committed the offence.
4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.M.C.Ashi,
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