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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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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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8969 of 2025
...................................................
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
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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
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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
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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
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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
