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2026 Supreme(Online)(Ker) 9526

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH
For the Respondents: SRI.M.C. ASHI, SR. PP

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 sole accused in Crime No.1578/2025 of Sulthan Bathery Police Station, Wayanad 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 22.11.2025 at about 10.15 a.m., the applicant was found in possession and transportation of 95.93 grams of MDMA in a car bearing registration no.KL-65N-6229 near Muthanga Police Check Post at Noolpuzha Amsom in contravention of the NDPS Act and Rules and thereby committed the aforementioned offence.

4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.M.C.Ashi, 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

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