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
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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.
......................................................
B.A. No.8865 of 2025
...................................................
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
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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.
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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.
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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
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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
