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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Vignesh V.S – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. accused possessed ndma substances; arrested and in custody. (Para 2 , 6) |
| 2. non-communication of arrest grounds argued as illegal. (Para 5) |
| 3. mandatory constitutional/statutory duty to inform arrest grounds. (Para 7 , 8) |
| 4. supreme court precedents require written ndps quantity disclosure. (Para 10 , 11) |
| 5. non-compliance vitiates arrest; bail granted due to missing quantity. (Para 13 , 14) |
ORDER :
KAUSER EDAPPAGATH, J.
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 in Crime No.91/2025 of Excise Range Office, Thiruvananthapuram, The offences alleged are punishable under Sections 8 (c), 20(b)(ii)(A), 22(b), 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act)
3. The prosecution case, in short, is that on 24.12.2025 at about 4.20 am, the applicant was found in possession of 200 grams of ganja, 1.719 grams of MDMA and 0.402 grams of LSD for the purpose of sale near Maruthoorkadavu bridge, Nemom Village in contravention of the NDPS Act and thereby committed the offences.
4. I have heard Sri. Arun V.G., the learned
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