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2026 Supreme(Online)(Ker) 6642

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


Advocates:
For the Appellants/Petitioners: SMT.SREELAKSHMI SABU
For the Respondents: SRI.K.A. NOUSHAD, 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 accused in Crime No. 48 of 2024 of Excise Enforcement and Anti Narcotic Special Squad, Idukki District. The offence alleged is punishable under Section 20 (b)

(ii)C of the NDPS Act.

3. The prosecution case, in short, is that on 31/8/2024 at about 6.10 p.m., the applicant was found in possession of 20.620 kg of dried Ganja at the house bearing No. 469 in Ward No. 7 of Vellathooval Grama Panchayath in contravention of the provisions of the NDPS Act and thereby committed the offence.

4. I have heard Smt.Sreelakshmi Sabu, 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,

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