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2026 Supreme(Online)(Ker) 8498

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL, SMT.S.SURAJA, SHRI.MUHAMMED SUHAIR C.A, SMT.AKSHAYA N.K, SMT.BINEETHA THOMAS
For the Respondents: SRI.M.C. ASHI, SR. PP

Table of Content
1. bail application filed under bnss. (Para 1)
2. accused charged with smuggling drugs. (Para 2)
3. arguments about legal grounds for the arrest. (Para 4 , 5)
4. court's examination of arrest and grounds communication. (Para 6 , 7 , 8)
5. precedents affirm requirement to inform arrest grounds. (Para 9 , 10 , 11 , 13)

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.666/2025 of Thadiyittaparamba Police Station, Ernakulam District. The offences alleged are punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that on 07.09.2025 at 07:05 a.m., the accused Nos.1 to 3, with the intention of making profit, smuggled 91.00 kgs of dry ganja in plastic cover inside the car bearing registration No.WB- 57-K-6776 travelled from Pookkattupady to Chembaraki and thereby committed the above said offences.

4. I have heard Sri. Sam Isaac Pothiyil, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case

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