Kerala High Court
Niyas T.P vs State Of Kerala on 6 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8969 OF 2025
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2025:KER:58643
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
BAIL APPL. NO. 8969 OF 2025
CRIME NO.43/2024 OF MANANTHAVADY EXCISE RANGE OFFICE, WAYANAD
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.28 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II & RENT CONTROL
APPELLATE AUTHORITY, KALPETTA
PETITIONER/ACCUSED NO.1 (IN CUSTODY FROM 12.06.2024)
NIYAS T.P., AGED 31 YEARS
S/O ABDUL RAHMAN, AR MANZIL,
VADIKKALKADAVU, MATTUL VILLAGE,
KANNUR TALUK, KANNUR DISTRICT, PIN - 670 302.
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
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 695 001.
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE,
MANANTHAVADY, MANANTHAVADY P.O,
WAYANAD DISTRICT, PIN - 670 645.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8969 OF 2025
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2025:KER:58643
BECHU KURIAN THOMAS, J.
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B.A. No.8969 of 2025
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Dated this the 6th 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 first accused in Crime No.43 of 2024 of Mananthavady Excise Range Office, Wayanad, registered for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that on 12.06.2024, at about 12.45 p.m, the petitioner along with the second accused were found in possession and transporting 54.39 grams of methamphetamine in a car bearing registration No.KL-13-AN-3204 and thereby committed the offences alleged. The petitioner was arrested on 12.06.2024 and he has been in custody since then.
4. Heard Sri.Mohamed Sabah P., the learned counsel for the petitioner, as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 12.06.2024. It was submitted that the grounds for BAIL APPL. NO. 8969 OF 2025 3 2025:KER:58643 arrest were not communicated to the petitioner or his relatives at the time of his arrest.
6. 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.
7. 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.
8. 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.
9. In a recent decision in Shahina vs. State of Kerala [2025 KHC OnLine BAIL APPL. NO. 8969 OF 2025 4 2025:KER:58643 706] this Court has also considered the impact of the aforesaid principles in relation to offences alleged under the NDPS Act and held that the grounds for arrest must be communicated.
10. On a perusal of the case diary, which was handed over across the Bar, it is noticed that the arrest memo contains the signature and the fingerprints of the petitioner. There is specific reference to the possession of 54.39 grams of methamphetamine by the petitioner as grounds for arrest. However, in the arrest intimation there is no reference to any grounds for arrest as having been communicated to the immediate relative of the petitioner. In such circumstances, I am satisfied that the grounds for arrest have not been communicated as contemplated by law.
11. Petitioner has been in custody from 12.06.2024 onwards. Having regard to the above circumstances, I am satisfied that the grounds for arrest have not been communicated to the petitioner as required by law.
12. Accordingly, 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 BAIL APPL. NO. 8969 OF 2025 5 2025:KER:58643 witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country 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 AMV/06/08/2025 BAIL APPL. NO. 8969 OF 2025 6 2025:KER:58643 APPENDIX OF BAIL APPL. 8969/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO. 43/2024 OF EXCISE RANGE OFFICE, MANANTHAVADY, WAYANAD DISTRICT ANNEXURE 2 TRUE COPY OF THE ORDER DATED 03.03.2025 IN B.A NO. 2692/2025 PASSED BY THIS HON'BLE COURT ANNEXURE 3 TRUE COPY OF THE ORDER DATED 11.12.2024 IN B.A NO. 8288/2024 PASSED BY THIS HON'BLE COURT ANNEXURE 4 TRUE COPY OF THE ORDER DATED 16.06.2025 IN CRL.MP NO.500/2025 IN SC NO.28/2025 PASSED BY THE COURT OF THE SPECIAL JUDGE NDPS ACT CASES/ ADDITIONAL SESSIONS JUDGE-II, KALPETTA, WAYANAD DISTRICT