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2026 Supreme(Online)(Ker) 5548

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL
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.8/2025 of Thrissur Excise Range Office, Thrissur District. The offences alleged are punishable under Sections 22 (b)(ii)(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that on 28.01.2025, the applicant was found in possession of 23.400 kilograms of Ganja in violation of the NDPS Act and thereby committed the above offences.

4. I have heard Sri.Sam Isaac Pothiyil, 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 in the language known to him, his arrest was illegal and is liable to be released on bail. On the other hand, the learned

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