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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHEMI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of the case highlight the circumstances of arrest and charges. (Para 2 , 6) |
| 2. court's observations on the requirements of informing grounds of arrest. (Para 4 , 8 , 9 , 11 , 12) |
| 3. arguments presented regarding the legality and rights concerning arrest. (Para 5) |
| 4. ratio decidendi emphasizing the importance of grounds communication. (Para 7 , 10 , 14) |
| 5. final ruling on the applicant's entitlement to bail due to illegal arrest. (Para 15) |
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.1 in Crime No.1154/2025 of Pozhiyoor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 8 (c), 22(c) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').
3. The prosecution case, in short, is that on 30.09.2025 at about 3:10 a.m., the applicant along with accused Nos.2 to 4 was found in possession and transporting 305.16 gms of MDMA in an Ertiga Car bearing Reg.No.KL-22-S- 0296 in front of Siva Wood Industries near Chenkavila Junction, Karode Village, for th
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