The failure to communicate grounds of arrest renders the arrest illegal, violating constitutional rights.

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 applicants are the accused Nos.1 to 4 in Crime No.2561/2025 of Aluva East Police Station, Ernakulam District. The offences alleged are punishable under Sections 8 (c), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that on 17.11.2025 at about 10.20 a.m., the Sub Inspector of Police, Aluva East Police Station, allegedly received telephonic information that four persons carrying heavy backpacks were sitting by the roadside near the old KSEB office building (presently functioning as the godown of Max Express Logistics) situated behind the Aluva Railway Station and that the bags were suspected to contain ganja. Based on the said information, the police party proceeded to the location at about 10:55 a.m. and found the applicants sitting by the roadside with backpacks. After questioning them and conducting a search in the presence of witnesses, the police claim to have recovered a total quantity of 24.956 kilograms of ganja, allegedly packed in two packets inside each of the four bags, thus totalling eight packets.

The applicants thereby committed the aforesaid offences.

4. I have heard Sri.Joseph Mary Das, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicants 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 applicants were not furnished with the grounds of arrest, their arrest was illegal and they are liable to be released on bail. On the other hand, the learned Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the at the time of the arrest of the applicants. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicants and hence they are not entitled to bail at this stage.

6. The applicants were arrested on 17.11.2025 and since then they are in judicial custody.

7. Though prima facie there are materials on record to connect the applicants with the crime, since the applicants have raised a question of absence of communication of the grounds of their arrest, let me consider the same.

8. Chapter V of BNSS , 2023 deals with the arrest of persons. Sub-section (1) of Section 35 of lists cases when police may arrest a person without a warrant. Section 47 of clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Noncompliance with Article 22(1) of the Constitution will be a violation of the fundamental right of the accused guaranteed by the said Article. It will also amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution.

9. The question whether failure to communicate written grounds of arrest would