Kerala High Court
Mithun vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9325 of 2025 1
2025:KER:61503
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
BAIL APPL. NO. 9325 OF 2025
CRIME NO.77/2024 OF Excise Enforcement and Anti Narcotic
Special Squad, Ernakulam, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.746 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT- VIII/,
ERNAKULAM / IV ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ERNAKULAM
PETITIONERS/ACCUSED 2 & 4:
1 MITHUN, AGED 27 YEARS, S/O. KUDDUS SEKH,
TIKTIKIPARA, SIBNAGAR, LASKARPUR VILLAGE,
DOMKAL TALUK, JALANGI, MURSHIDABAD, WEST BENGAL,
PIN - 742306
2 HABIBUR RAHMAN, AGED 22 YEARS
S/O. CHANDU SEKH, RANINAGAR, BADANABAD,
DHANIRAMPUR VILLAGE, JALANGI TALUK, MURSHIDABAD,
WEST BENGAL, PIN - 742306
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
B.A.No.9325 of 2025 2
2025:KER:61503
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 EXCISE CIRCLE INSPECTOR
EXCISE ENFORCEMENT & ANTI - NARCOTIC SPECIAL SQUAD,
ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682018
SRI. NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.9325 of 2025 3
2025:KER:61503
BECHU KURIAN THOMAS, J.
......................................................
B.A.No.9325 of 2025
...................................................
Dated this the 14th day of August, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused 2 and 4 in Crime No.77 of 2024
of the Excise Enforcement and Anti Narcotic Special Squad,
Ernakulam, which is now pending as S.C.No.746 of 2025 on the
files of the Additional Sessions Court-VIII, Ernakulam, registered for
the offences punishable under Sections 20(b)(ii)(C) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity,
'NDPS Act'].
3. According to the prosecution, on 11.12.2024 at about
5.55 a.m., accused 1 to 4 were found in possession of 35.838 Kg.
of ganja near the North Railway Station, Ernakulam, and thereby
committed the offences alleged. Petitioners were arrested on
11.12.2024 and they have been in custody since then.
4. Heard Adv.P.Mohamed Sabah, the learned Counsel for
2025:KER:61503
the petitioners as well as Sri.Noushad K.A., the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that
the petitioners have been in custody since 11.12.2024. It was
submitted that the grounds for arrest were not communicated to
the petitioners or their 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 petitioners at the time of their arrest. It was
also submitted that since the contraband seized from the
petitioners was a commercial quantity, the rigour under Section 37
of NDPS Act will apply and hence petitioners ought not to be
released on bail.
7. Though prima facie there are materials on record to
connect the petitioners with the crime, since petitioners have
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
2025:KER:61503
(NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v.
State of Haryana [AIR 2025 SC 1388], 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 v. 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.
10. On a perusal of the case diary it is noticed that the
arrest memo contains the specific grounds for arrest of the
petitioners. However, the arrest intimation does not indicate that
the grounds for arrest were communicated to the near relatives of
the petitioners, which only mentions about the provisions of law
under which petitioners were arrested. In the absence of any
2025:KER:61503
specific grounds for arrest mentioned in the arrest intimation
conveyed to the near relatives of the petitioners, I am satisfied
that petitioners have not been communicated with the grounds for
arrest.
11. Petitioners have been in custody from 11.12.2024
onwards. Since the grounds for arrest were not communicated to
the petitioners soon after the arrest, they are entitled to be
released on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioners shall be released on bail on each of them
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) Petitioners shall co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they attempt to tamper with the
evidence.
2025:KER:61503
(d) Petitioners shall not commit any similar offences
while they are on bail.
(e) Petitioners 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
sp/14/08/2025
2025:KER:61503
APPENDIX OF BAIL APPL. 9325/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT IN CRIME NO. 77/2024 OF EXCISE
ENFORCEMENT AND ANTI NARCOTIC SPECIAL
SQUAD, ERNAKULAM
Annexure 2 TRUE COPY OF THE ORDER DATED 01.03.2025
IN CRL.M.C NO. 545/2025 PASSED BY THE
COURT OF SESSIONS; ERNAKULAM
