Kerala High Court
Hali Harison vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:58413
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8784 OF 2025
CRIME NO.43/2024 OF KOLLAM E.E, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN BAIL APPL.
NO.5405 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED (IN CUSTODY FROM 05.10.2024):
HALI HARISON
AGED 41 YEARS
S/O. HARISON, HALI BHAVANAM, VATTATHARA JUNCTION,
PADAPPAKKARA, PERAYAM VILLAGE NOW RESIDING AT KODIYIL
VEEDU, KANJIRACODE, PERAYAM VILLAGE, KOLLAM DISTRICT,
PIN - 691501.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 ASSISTANT EXCISE COMMISSIONER
EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD,
KOLLAM DISTRICT,, PIN - 691001.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO. 8784 OF 2025
2
2025:KER:58413
BECHU KURIAN THOMAS, J.
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B.A. No. 8784 of 2025
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Dated this the 05th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No. 43/2024 of the Excise Enforcement and Anti Narcotic Special Squad, Kollam, registered alleging offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').
3. According to the prosecution, 05.10.2024, at about 06:00 AM, the Circle Inspector, Excise Enforcement and Anti Narcotic Special Squad, Kollam, seized 42.06 Kg of ganja from the possession of the petitioner and thereby the accused committed the offences alleged. Petitioner was arrested on 05.10.2024 and he has been in custody since then.
4. The learned counsel for the petitioner submitted that petitioner has been in custody since 05.10.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
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5. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioner at the time of his arrest. It was also submitted that since the contraband seized from the petitioner was a commercial quantity, the rigour under section 37 of NDPS Act will apply and hence petitioner ought not to be released on bail.
6. Though prima facie there are materials on record to connect the petitioner with the crime, since petitioner has raised the question of absence of communication of the grounds for his arrest, this Court is obliged to consider the said issue.
7. In the decisions in Pankaj Bansal v. Union of India and Others, [(2024) 7 SCC 576], Prabir Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v. State of Haryana and Another [2025 SCC Online SC 269], it has been held that the requirement of informing a person of grounds for arrest is a mandatory requirement of Article 22(1) and also that the said information must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds must be communicated to the arrested person effectively in the language which he understands.
8. In a recent decision in Shahina vs. State of Kerala [2025 KHC OnLine 706] this Court has also considered the impact of the B.A.NO. 8784 OF 2025 4 2025:KER:58413 aforesaid principles in relation to offences alleged under the NDPS Act and held that the grounds for arrest must be communicated.
9. On a perusal of the case diary, it is noticed that the arrest memo indicates that the petitioner was found to have been in possession of 42.06 Kg of ganja kept for sale which can be treated as a communication of the grounds for his arrest. However, in the arrest notice as conveyed to petitioner's father there is nothing to indicate that the grounds for arrest were communicated. In view of the above, I am satisfied that the grounds for arrest have not been communicated to the petitioner as contemplated by law.
10. Petitioner has been in custody from 05.10.2024, onwards. Since the grounds for arrest were not communicated to the petitioner soon after the arrest, petitioner is entitled to be released on bail.
11. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
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(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court. In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE mea B.A.NO. 8784 OF 2025 6 2025:KER:58413 APPENDIX OF BAIL APPL. 8784/2025 PETITIONER ANNEXURES Annexure 2 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO. 43 OF 2024 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM Annexure 3 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO. 43 OF 2024 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM Annexure 4 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 43 OF 2024 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM