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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Riswan U. S/o Usman Kunju – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. accused involved in ganja transportation arrest. (Para 2 , 3 , 6) |
| 2. arguments on arrest grounds compliance. (Para 4 , 5) |
| 3. mandatory constitutional arrest grounds requirement. (Para 7 , 8) |
| 4. supreme court precedents on written grounds. (Para 10 , 11 , 12) |
| 5. compliance proven; bail application dismissed. (Para 13) |
ORDER :
1. 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.3 in Crime No.446/2025 of Cherpulassery Police Station, Palakkad District. The offences alleged are punishable under Sections 20 (b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on 26.05.2025 at about 2.15 p.m., near Nellaya at Krishnappadl, the accused Nos.1 and 2 were found transporting 87.725 Kgs of Ganja in 42 packets in a Wagon-R car bearing Registration No.KL-53T-6753 for the purpose of sale without any valid documents. They were arrested on the spot and the contraband articles and the vehicle were seized as per seizure mahazar. On investigation, it is revealed that accused Nos.3 to 8 have acted as ac
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