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2026 Supreme(Online)(Ker) 14960

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


Advocates:
For the Appellants/Petitioners: SMT.KRISHNAPRIYA SREEKUMAR, SHRI.VISMAY SREEPRAKASH
For the Respondents: SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR

Table of Content
1. possession of narcotics established. (Para 2)
2. arguments raised concerning communication of arrest grounds. (Para 5)
3. communication of grounds for arrest is mandatory. (Para 6 , 8)
4. absence of communication renders arrest illegal. (Para 7)
5. court ordered release of the applicant. (Para 9)

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.2 in Crime No.755/2025 of Koppam Police Station, Palakkad District. The offences alleged are punishable under Sections 20 (b)(ii)(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

27.12.2025, at 17:10 hours, at Parappuram Road, Mulayankavu, accused Nos.1 to 3 were found in possession of 20.179 kg of ganja in a shed near a cattle farm belonging to the applicant for the purpose of sale and thereby committed the offences.

4. I have heard Adv.Krishnapriya Sreekumar, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the

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