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2026 Supreme(Online)(Ker) 8203

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


Advocates:
For the Appellants/Petitioners: Sri.Sam Isaac Pothiyil
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.1 in Crime No.1155/2025 of Perinthalmanna Police Station, Malappuram District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act).

3. The prosecution case, in short, is that on 03.11.2025 at 18.10 hours, the applicant, along with co-accused, was found in possession of 416.49 grams of MDMA in contravention of the NDPS Act and Rules and thereby committed the aforementioned offence.

4. I have heard Sri.Sam Isaac Pothiyil, 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 other hand, the le

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