Nissar vs State Of Kerala
2025 Latest Caselaw 3239 Ker

Citation : 2025 Latest Caselaw 3239 Ker
Judgement Date : 8 August, 2025

Kerala High Court

Nissar vs State Of Kerala on 8 August, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

BAIL APPL. NO. 9056 OF 2025

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                                                         2025:KER:59448

                 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. 9056 OF 2025

      CRIME NO.1168/2024 OF KONDOTTY POLICE STATION, MALAPPURAM

           AGAINST THE ORDER/JUDGMENT DATED 20.05.2025 IN Bail Appl.

                  NO.5918 OF 2025 OF HIGH COURT OF KERALA

PETITIONER/ACCUSED NO.2(IN CUSTODY FROM 25.08.2024):
           NISSAR, AGED 44 YEARS
           S/O. ABDUL KARIM, PALLIPARAMBAN HOUSE,
           CHEMMALAPARAMB, NEAR EMEA HSS KONDOTTY,
           THURAKKAL, MALAPPURAM DISTRICT- 673 638.

              BY ADVS. SRI.P.MOHAMED SABAH
              SRI.LIBIN STANLEY
              SMT.SAIPOOJA
              SRI.SADIK ISMAYIL
              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       THE STATION HOUSE OFFICER
              KONDOTTY POLICE STATION, KONDOTTY,
              KONDOTTY P.O, MALAPPURAM DISTRICT,
              PIN - 673638
              SMT. SREEJA V., 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. 9056 OF 2025

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                                                                           2025:KER:59448



                          BECHU KURIAN THOMAS, J.
                    ......................................................
                              B.A. No.9056 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 second accused in Crime No.1168/2024 of Kondotty

Police Station, Malappuram; registered for the offences punishable under

Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act,

1985 (for short, NDPS).

3. The prosecution case is that, on 24.08.2024 the first accused was found

in possession of 50.450 grams of MDMA and on further investigation,

police arrested the petitioner herein finding that he is also involved in the

commission of offence and thereby the accused together committed the

offences alleged. The petitioner was arrested on 24.08.2024 and he has

been in custody since then.

4. Heard Sri.P.Mohamed Sabah, 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 24.08.2024. It was submitted that the grounds for

arrest were not communicated to the petitioner or his relatives at the BAIL APPL. NO. 9056 OF 2025

2025:KER:59448

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

706] this Court has also considered the impact of the aforesaid principles BAIL APPL. NO. 9056 OF 2025

2025:KER:59448

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, it is noticed that, the arrest

memo contains only the provisions of law under which the petitioner has

been arrested. No grounds for arrest have been mentioned. Further,

there is no arrest intimation given to any of the petitioner's relatives;

however, there is an observation in the remand report that the arrest of

the petitioner was intimated to the petitioner's relatives.

11. Petitioner has been in custody from 24.08.2024 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.