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2026 Supreme(Online)(Ker) 20658

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAHIDUL ISLAM, MUHAMMED ANBAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Shahanas Salma Abbas
For the Respondents: Sri. K.A. Noushad, SR.PP.

Table of Content
1. circumstances surrounding the arrest and implications of possession. (Para 2 , 3)
2. arguments regarding proper communication of grounds for arrest. (Para 4 , 5)
3. constitutional requirements for informing grounds of arrest. (Para 8 , 9 , 10 , 11)
4. judicial precedents on necessity and implications of arrest protocol. (Para 12 , 13)
5. conditions for granting bail and implications of arrest. (Para 14)

ORDER 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 and 2 in Crime No.660/2025 of Ayyampuzha Police Station, Ernakulam 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 19.12.2025, the applicants were found in possession of 36.008 kilograms of dry Ganja, kept in four shoulder bags and one hand bag, in an autorickshaw bearing Registration No. KL-07-CN-8334, on the public road in front of the building known as ‘Kavitha Agencies’ within the limits of Ayyampuzha Village, with the

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