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2026 Supreme(Online)(Ker) 4233

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


Advocates:
For the Appellants/Petitioners: SRI.K.MOHAMMED RAFEEQ, SRI.BIBIN MATHEW, SRI.P.M.MATHEW, SMT.VISHNUMAYA ANANDAN, SHRI.SONYMON ANTONY, SHRI.ABHIJITH P.A., SHRI.SANALDEV E.P., SMT.SHIFANA M.
For the Respondents: SRI.K.A. NOUSHAD

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.2 in Crime No.294/2025 of Nemom Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

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

02.03.2025 at 12:20 hours, the accused No.1 was found in possession of 71.32 grams of MDMA in a Tamil Nadu SRTC bus bearing registration No. TN-74-N-2094 near Pravachambalam junction and thereby committed the offence.

4. I have heard Sri.K.Mohammed Rafeeq, 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 is liable to be released on bail. On the other hand, the learned Seni

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