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2026 Supreme(Online)(Ker) 4270

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.M.C.ASHI, 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. 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, 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 Publi

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