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2026 Supreme(Online)(Ker) 17008

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL, SMT.S.SURAJA, SHRI.MUHAMMED SUHAIR C.A, SMT.SINDURA SREENIVASAN, SMT.AKSHAYA N.K, SMT.BINEETHA THOMAS
For the Respondents: SRI.M.C. ASHI, SR. PP

Table of Content
1. summary of the facts regarding the applicant's arrest and the specifics of the crime. (Para 2)
2. discussion on the requirement of informing the arrested about the grounds. (Para 4 , 5)
3. analysis of supreme court directives pertaining to grounds of arrest. (Para 8 , 9 , 10 , 12)
4. final ruling stating the bail application dismissal. (Para 11)
5. key principles emerging from the judgment regarding arrest communication. (Para 13)

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.9/2026 of Excise Range Office, Ernakulam District. The offences alleged are punishable under Sections 22 (c) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act)

3. The prosecution case, in short, is that on

22.1.2026 at 7.45 am, the applicant and the remaining accused were found in possession of 252.487 grams of MDMA and 1.844 grams of ganja in Room No.109 of Classic Tourist Home and Lodge in contravention of the NDPS Act.

4. I have heard Sri. Sam Isaac Pothiyil, the learned counsel for the applicant and

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