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.
...............................................
B.A. No. 8784 of 2025
...............................................
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
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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
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
