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2026 Supreme(Online)(Ker) 7119

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


Advocates:
For the Appellants/Petitioners: Sri.P.Mohamed Sabah, Sri.Libin Stanley, Smt.Saipooja, Sri.Sadik Ismayil, Smt.R.Gayathri, Sri.M.Mahin Hamza, Shri.Alwin Joseph, Shri.Benson Ambrose
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

ORDER

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.17/2025 of Kumbala Excise Range, Kasaragod District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on 14.7.2025 at about 2.30 pm, the applicant was found in possession of 139.038 grams of Methamphetamine at Vamanjoor in Manjeshwar Village in contravention of the NDPS Act and Rules.

4. I have heard Sri. P. Mohamed Sabah, 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, the learned Public Prosecutor submitted th

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