Failure to communicate grounds of arrest to relatives renders the arrest illegal, entitling the accused to bail.

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.2 in Crime No.52/2025 of Excise Enforcement and Anti Narcotic Special Squad, Palakkad. 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

12.08.2025 at 7.30 pm, on Coimbatore - Palakkad National Highway in front of Labour Camp House of NHAI near Pampampallam Toll Plaza at Ganesapuram, the accused Nos. 1 and 2 were found in possession of 82.8 grams of Methamphetamine. Thereby they have committed the above-mentioned offence.

4. I have heard Sri. Lal K Joseph, the learned counsel for the applicant and Smt. Sreeja.V, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant has been in custody since 12.08.2025 and the grounds of arrest were not communicated in accordance with law at the time of his arrest. The learned Senior Public Prosecutor on the other hand opposed the bail application and submitted that the grounds of arrest were duly communicated.

6. Though prima facie there are materials on record to connect the applicant with the crime, since the applicant has raised a question of absence of communication of the grounds of his arrest, let me consider the same.

7. It is now well settled that the requirement of informing a person of the grounds for arrest is a mandatory requirement of Art.22(1) of the Constitution and Section 47 ofBNSSand absence of the same would render the arrest illegal (See. Pankaj Bansal v. Union of India and Others [(2024) 7 SCC 576],PrabirPurkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254] , Vihaan Kumar v. State of Haryana and Others (2025 SCC OnLine SC 269] and Mihir Rajesh Shah v. State of Maharashtra and Another (2025 SCC OnLine SC 2356).

8. In the instant case, the perusal of the records show that the grounds of arrest have been communicated to the arrestee, but they were not communicated to the near relatives. The endorsement in the arrest intimation given to the mother of the applicant would show that she was informed through phone. However, it appears from the intimation that the quantity of the contraband seized was not intimated. The Supreme Court in Kasireddy Upender Reddy v. State of Andhra Pradesh (2025 SCC OnLine SC 1228) has held that the grounds of arrest should not only be provided to the arrestee but also to his family members and relatives so that necessary arrangements are made to secure the release of the person arrested at the earliest possible opportunity so as to make the mandate of Art.22(1) meaningful and effective, failing which, such arrest would be rendered illegal. A learned Single Judge of this Court in Alvin Riby v. State of Kerala (2025 KER 67079)

following Kasireddy Upender Reddy (supra) held that failure to communicate the grounds of arrest to the near relatives renders the arrest illegal. Inasmuch as the grounds of arrest were not communicated to the relatives of the applicant, the arrest stands vitiated and he is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper wit