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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAMEEM – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. possession of narcotics is the basis for the arrest. (Para 2 , 3) |
| 2. failure to inform arrest grounds can render the arrest illegal. (Para 5) |
| 3. mandatory nature of communicating grounds of arrest. (Para 8 , 10 , 11) |
| 4. non-compliance with communication regulations renders arrest illegal. (Para 13) |
| 5. bail application is dismissed. (Para 14) |
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, th
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