IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ASHIF – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
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.881/2025 of Kozhinjampara Police Station, Palakkad District. The offences alleged are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').
3. The prosecution case, in short, is that on
30.11.2025 at 12.15 hours, the applicant was found transporting 181.870 grams of MDMA in a car bearing Reg.No.KL-52/W-0888 and thereby committed the offences alleged.
4. I have heard Sri.Nireesh Mathew, 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 learned Public Prosecutor submitted that
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