Kerala High Court
Ashique vs State Of Kerala on 20 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9490 OF 2025
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2025:KER:62766
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947
BAIL APPL. NO. 9490 OF 2025
CRIME NO.13/2024 OF KOZHIKODE E.E, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN BAIL APPL.
NO.5762 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
ASHIQUE, AGED 34 YEARS
S/O AZEEZ, PUZHAMKUNNUMMAL HOUSE,
KAITHAPOYIL(PO), THAMARASSERY,
PUTHUPPADI, KOZHIKODE, PIN - 673 586.
BY ADVS.
SHRI.E.C.AHAMED FAZIL
SHRI.HASIF IQBAL K.
RESPONDENT/STATE/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE ASSITANT COMMISSIONER OF EXCISE
EXCISE ENFORCEMENT AND ANTI NARCOIC SQUAD,
KOZHIKODE, PIN - 673001
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9490 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9490 of 2025
...................................................
Dated this the 20th 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.13 of 2024 of Excise
Enforcement and Anti-Narcotic Squad, Kozhikode; registered for the
offences punishable under Sections 22(c), 60 and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that, on 01.05.2024 accused was found in
possession of 616.4879 grams of Methamphetamine and he was arrested
on 01.05.2024 and thereby committed the offences alleged.
4. Heard Sri.E.C.Ahmed Fazil, 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 01.05.2024. 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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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 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
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grounds for arrest must be communicated.
10. On a perusal of the case diary, it is noticed that in the arrest
memo the grounds for arrest have been communicated to the arrestee.
However, in the arrest intimation given to the mother of the petitioner
over mobile phone, there is nothing to indicate that the grounds for
arrest were conveyed. In such circumstances, I am satisfied that the
grounds for arrest have not been effectively communicated as
contemplated by law.
11. Petitioner has been in custody from 01.05.2024 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 State of Kerala without the
permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any modification
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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/20/08/2025
BAIL APPL. NO. 9490 OF 2025
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APPENDIX OF BAIL APPL. 9490/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 13
OF 2024 OF EXCISE ENFORCEMENT AND ANTI-
NARCOTIC SQUAD, KOZHIKODE.
ANNEXURE 2 TRUE COPY OF THE ARREST MEMO OF PETITIONER
DATED 01.05.2024 IN CRIME NO. 13 OF 2024 OF
EXCISE ENFORCEMENT AND ANTI-NARCOTIC SQUAD,
KOZHIKODE.
ANNEXURE 3 TRUE COPY OF THE ARREST NOTICE OF PETITIONER
DATED 01.05.2024 IN CRIME NO. 13 OF 2024 OF
EXCISE ENFORCEMENT AND ANTI-NARCOTIC SQUAD,
KOZHIKODE.
