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Phone Call Not Enough: Kerala HC Frees NDPS Suspect Over Arrest Procedure Flaw
In a ruling emphasizing strict procedural safeguards ( ), the granted bail to Basheer Thaliyil, the fifth accused in an NDPS case involving MDMA possession. Dr. Justice Kauser Edappagath held that failing to provide written to the accused's relative—despite a phone call—rendered the arrest illegal, overriding evidence linking him to the crime.
The Bust at CPM Office Quarters
The case stems from a , raid at Pulikkal Amsom, Karipur Desom, Malappuram. Police recovered 1.480 grams of MDMA from Accused No.1 in quarters above the Karipur CPM Branch Committee office. Accused Nos. 1-3 had another 39.110 grams hidden in the sunshade of "Achappas Villa" in the same compound, totaling 40.590 grams. Prosecutors alleged this contraband, procured from petitioner Basheer Thaliyil (aged 53, from Kozhikode), was meant for sale to Accused No.4, invoking .
Thaliyil was arrested on and has remained in custody at Manjeri District Jail. Crime No. 52/2026 was registered at . As reported in , the bail application under came up for admission on .
Petitioner's Plea vs Prosecution's Pushback
Thaliyil's counsel, led by , argued the arrest violated constitutional and statutory mandates: grounds weren't properly communicated at arrest, breaching and . They stressed no written intimation reached a relative.
Senior Public Prosecutor countered that grounds were duly furnished to the accused, urging denial of bail given the serious NDPS charges and materials connecting him to the supply chain.
Decoding the Constitutional Mandate
The court acknowledged links but zeroed in on arrest procedural lapses. Citing , it reaffirmed informing grounds as mandatory under Article 22(1). Recent Supreme Court verdicts like , , and declared non-compliance illegal.
Post- Mihir Shah , written communication to relatives became essential, as clarified in —to enable swift legal aid. Kerala HC's followed suit. Records showed the accused got grounds, but relatives only a phone call. "Since the arrest is after the judgment in Mihir Rajesh Shah (supra) , the communication in writing is mandatory," the court noted.
Court's Sharp Observations
Key excerpts from the judgment underscore the ruling:
"It is now well settled that the requirement of informing a person of the grounds for arrest is aof Art.22(1) of the Constitution and Section 47 ofand absence of the same would render the arrest illegal.""The Supreme Court in Kasireddy Upender Reddy ... has held that the should not only be provided to the arrestee but also to his family members and relatives..."
"Inasmuch as thewere not communicated to the relatives of the applicant in writing, the arrest standsand he is entitled to be released on bail."
Immediate Release, Broader Implications
The court allowed Bail Appl. No. 828 of 2026, directing Manjeri Jail Superintendent to "release the applicant forthwith." This procedural win sidesteps NDPS's stringent bail barriers, signaling police must document relative notifications meticulously.
For future cases, it reinforces that even strong evidence can't salvage a flawed arrest under evolving safeguards, potentially spurring compliance audits in drug busts.
