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2026 Supreme(Online)(Ker) 5559

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


Advocates:
For the Appellants/Petitioners: Sri.Vivek Venugopal
For the Respondents: Smt.Sreeja V.

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.7 in Crime No.1059/2025 of Kondotty Police Station, Malappuram District. The offences alleged are punishable under Sections 22 (c), 27(A) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that the Inspector of Police, Kondotty raided and seized 50.61 grams of MDMA from the joint possession of accused Nos.1 to 3 on 11.09.2025 while the said three accused persons were occupying room No.203 in the Redbell Residency Lodge.

4. I have heard Sri.Vivek Venugopal, the learned counsel for the applicant and Smt.Sreeja V., 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 ot

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