Kerala High Court
Noushad.K vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8865 OF 2025
1
2025:KER:59451
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
BAIL APPL. NO. 8865 OF 2025
CRIME NO.93/2024 OF ERNAKULAM EXCISE RANGE OFFICE, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 28.05.2025 IN Bail Appl.
NO.6103 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1 (IN CUSTODY FROM 26.11.2024):
NOUSHAD.K., AGED 40 YEARS
S/O IBRAHIM .K, KANDAKKARIYIL HOUSE,
KARIPILLY, VALLORA P.O,
PAYYANNUR TALUK, KANNUR DISTRICT- 670 306.
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 - 682 031
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, ERNAKULAM,
ERNAKULAM P.O, ERNAKULAM DISTRICT,PIN - 682 018
SRI., PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8865 OF 2025
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2025:KER:59451
BECHU KURIAN THOMAS, J.
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B.A. No.8865 of 2025
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Dated this the 8th 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.93/2024 of Excise Range Office, Ernakulam; registered for the offences punishable under Sections 20(b)
(ii)(C), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that, on 26.11.2024 accused were found in possession of 4.430 grams of MDMA and 14 grams of ganja, and thereby committed the offences alleged. Petitioner was arrested on 26.11.2024 and he has been in custody since then.
4. Heard Sri.P.Mohamed Sabah, the learned counsel for the petitioner, as well as Sri.Prasanth M.P., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 26.11.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
BAIL APPL. NO. 8865 OF 2025 3 2025:KER:59451
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 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. BAIL APPL. NO. 8865 OF 2025 4 2025:KER:59451
10. On a perusal of the case diary, it is noticed that, the arrest memo does not contain the grounds for arrest as contemplated by law even though it refers to the accused having been found in possession of the contraband. Apart from the above, in the arrest intimation, except for referring to the term 'NDPS Act' there is no mention about any grounds for arrest as having been communicated to the petitioner. In view of the above, I am satisfied that the grounds for arrest have not been communicated as mandated by law.
11. Petitioner has been in custody from 26.11.2024 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 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.
BAIL APPL. NO. 8865 OF 2025 5 2025:KER:59451 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/08/08/2025 BAIL APPL. NO. 8865 OF 2025 6 2025:KER:59451 APPENDIX OF BAIL APPL. 8865/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO.93/2024 OF EXCISE RANGE OFFICE, ERNAKULAM ANNEXURE 2 TRUE COPY OF THE SEIZURE MAHAZAR PERTAINING TO THE FIRST SEIZURE IN CRIME NO.93/2024 OF EXCISE RANGE OFFICE, ERNAKULAM ANNEXURE 3 TRUE COPY OF THE SEIZURE MAHAZAR PERTAINING TO THE SECOND SEIZURE IN CRIME NO.93/2024 OF EXCISE RANGE OFFICE, ERNAKULAM ANNEXURE 4 TRUE COPY OF THE SEIZURE MAHAZAR PERTAINING TO THE THIRD SEIZURE IN CRIME NO.93/2024 OF EXCISE RANGE OFFICE, ERNAKULAM ANNEXURE 5 TRUE COPY OF THE ORDER DATED 28.05.2025 IN B.A NO. 6103/2025 ON HIGH COURT ANNEXURE 6 TRUE COPY OF THE ORDER DATED 09.01.2025 IN B.A NO. 10857/2024 PASSED BY THIS HON'BLE COURT ANNEXURE 7 TRUE COPY OF THE ORDER DATED 03.04.2025 IN B.A NO. 4410/2025 PASSED BY THIS HON'BLE COURT