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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.
The applicant is the accused No.1 in Crime No.112/2026 of Ernakulam Excise Range Office, Ernakulam District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution case, in short, is that on 18.08.2026 at 02:15 AM, at Toshiba Junction, NAD Gate, Pipeline Road near Transformer No. K NP 55, Thrikkakara North Village, Kanayannur Taluk, the applicant was found in illegal possession of 6.477 grams of MDMA and thereby committed the aforementioned offence.
I have heard Sri.D.Feroze, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel appearing for the applicant submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicant was not furnished with the grounds of arrest, his arrest was illegal and is liable to be released on bail. On the other hand, the learned Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the BNSS at the time of the arrest of the applicant. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicant and hence he is not entitled to bail at this stage.
The applicant was arrested on 18.08.2026 and since then he is in judicial custody.
I went through the case diary. The investigation is almost over and the recovery has already been effected. That apart, the grounds of arrest were intimated over the phone only. Since the arrest was after the decision of the Supreme Court in Mihir Rajesh Shah v. State of Maharashtra and Another (2025 SCC OnLine SC 2356), the communication of grounds of arrest in writing is mandatory. Hence, I hold that the requirement of Article 22(1) of the Constitution and Section 47 of BNSS have not been satisfied. Therefore, applicant's arrest and his subsequent remand are nonest and he is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.