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2026 Supreme(Online)(Ker) 15146

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SRI.ALWIN JOSEPH, SRI.BENSON AMBROSE
For the Respondents: SRI.M.C.ASHI, SR. PP

Table of Content
1. summary of charges and facts regarding the crime. (Para 2 , 3)
2. discussion on the necessity of informing grounds of arrest. (Para 5 , 8)
3. legal requirements regarding communication of arrest grounds. (Para 11 , 12)

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.2 in Crime No.91/2025 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam District. The offences alleged are punishable under Sections 20 (b) (ii)(C), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

3. The prosecution case, in short, is that on 24.11.2025 at about 12.30 a.m., accused Nos.1 to 4 were found in possession of 2.152 kilograms of hashish oil at Thevara and thereby committed the aforementioned offences.

4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.M.C.Ashi, 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

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