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2026 Supreme(Online)(Ker) 5012

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


Advocates:
For the Appellants/Petitioners: Smt.K.REEHA KHADER
For the Respondents: Sri.M.C. ASHI, SR. PP

Table of Content
1. summary of the facts concerning the accused's arrest and the nature of charges. (Para 2)
2. arguments related to the communication of arrest grounds. (Para 5 , 6)
3. court’s observations on the necessity of proper notification. (Para 7)
4. ruling on the procedural legality of the arrest. (Para 8)

O R D E R

Dated this the 30th day of January, 2026 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.1 in Crime No.32/2024 of the Excise Enforcement and Anti Narcotic Special Squad, Kozhikode. The offences alleged are punishable under Sections 22 (c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

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

31.10.2024, the accused were found in conscious possession of 220 grams of Methamphetamine near the institution named City Optic, Indira Gandhi Road, Kasaba Amsom Desom, Kozhikode Corporation in violation of Section 8(c) of the NDPS Act and thus committed the above-mentioned offences.

4. I have heard Smt. Reeha Khader.K, the learned counsel for the applicant and Sri. M.C.Ashi, the lea

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