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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ASHARAF ALI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. bail application seeks to address grounds for arrest. (Para 1 , 2) |
| 2. claims about improper communication of arrest grounds presented. (Para 4 , 5) |
| 3. court highlights principles regarding the communication of arrest grounds. (Para 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 4. final ruling recognizes the illegality of arrest due to non-compliance. (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 accused No.1 in Crime No.789/2024 of Shornur Police Station, Palakkad District. The offences alleged are punishable under Sections 22 (b), 8(c), 31(1) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. The prosecution case, in short, is that on 02.12.2024 at
11.00 p.m. on the southern road at Ganesagiri, Shornur, the accused Nos.1 and 2 were found in possession of 33.50 grams of Methamphetamine for the purpose of sale and thereby committed the aforesaid offences.
4. I have heard Sri.Sam Isaac Pothiyil, the learned counsel for the applicant and Smt.Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.
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