Advocates:
For the Appellants/Petitioners: SRI.VIVEK VENUGOPAL
For the Respondents: SMT.SREEJA V., SR. PP

Case Summary

• Bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (!) .
• Applicant is accused No.3 in Crime No.49/2024 of Excise Range Office, Chavakkad, Thrissur District (!) .
• Offences alleged under Sections 20(b)(ii)(B), 20(b)(ii)(C), 29 and 60(3) of the NDPS Act (!) .
• Prosecution case: Applicant found in possession of 18.275 kgs of ganja and 1.994 kgs of hashish oil on 05.10.2024 at 04:25 a.m. (!) .
• Applicant in custody since 05.10.2024; claims grounds of arrest not communicated in accordance with law [5].
• Prosecution opposes bail, claiming grounds were duly communicated [5].
• Prima facie materials connect applicant to crime, but issue of arrest grounds communication raised [6].
• Requirement to inform grounds of arrest is mandatory under Article 22(1) of the Constitution and Section 47 of BNSS; absence renders arrest illegal [7].
• Grounds communicated to arrestee but not properly to relatives, including quantity of contraband [8].
• Grounds of arrest must be communicated to family members and relatives to enable arrangements for release, making Article 22(1) effective; failure renders arrest illegal [8].
• Arrest vitiated due to non-communication to relatives; applicant entitled to bail [8].

Bail Outcome

• Bail application allowed (!) .
• Conditions: Execute bond for Rs.1,00,000/- with two solvent sureties (!) .
• Fully cooperate with investigation (!) .
• Appear before investigating officer 10:00-11:00 a.m. every Saturday and as required (!) .
• Not commit similar offences (!) .
• Not contact prosecution witnesses or tamper with evidence (!) .
• Not leave Kerala without trial court permission (!) .
• Applications for modification/cancellation to jurisdictional court (!) .