Albin Sebastian vs State Of Kerala
2025 Latest Caselaw 1609 Ker

Citation : 2025 Latest Caselaw 1609 Ker
Judgement Date : 28 July, 2025

Kerala High Court

Albin Sebastian vs State Of Kerala on 28 July, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

BAIL APPL. NO. 8634 OF 2025

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                                                            2025:KER:55559

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

           MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947

                          BAIL APPL. NO. 8634 OF 2025

          CRIME NO.237/2024 OF VELLAYIL POLICE STATION, KOZHIKODE

             AGAINST THE ORDER/JUDGMENT DATED IN SC NO.5 OF 2025 OF

                 SPECIAL COURT (NDPS ACT CASES), VADAKARA

PETITIONER(S)/ACCUSED NO.2 (CUSTODY FROM 19.5.2024):

              ALBIN SEBASTIAN, AGED 24 YEARS
              S/O SEBASTIAN K.J, KIZHAKKAYIL HOUSE,
              MUTHUKKADU P.O., PERUVANNAMUZHI,
              KOZHIKKODE DISTRICT, PIN - 673528.
              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(S)/STATE & COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM, PIN - 682031.

      2       THE STATION HOUSE OFFICER
              VELLAYIL POLICE STATION,
              KOZHIKODE DISTRICT, PIN - 670703.

               BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BAIL APPL. NO. 8634 OF 2025

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                                                                            2025:KER:55559


                           BECHU KURIAN THOMAS, J.
                     ......................................................
                               B.A. No.8634 of 2025
                       ...................................................
                     Dated this the 28th day of July, 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.237 of 2024 of Vellayil

Police Station, Kozhikode, registered for the offences punishable under

Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances

Act, 1985 (for short, 'the NDPS Act').

3. According to the prosecution, on 19.05.2024, the accused was found in

possession of 600.440 grams of Methamphetamine, 179.720 grams of

Yellow colour Methamphetamine and 6.150 grams of Ecstasy tablets and

80 LSD stamps from the house of the accused, and thereby the accused

committed the offences alleged. Petitioner was arrested on 19.05.2024

and he has been in custody since then.

4. Heard Sri.Mohamed Sabah, the learned counsel for the petitioner, as well

as Sri.Noushad K.A., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has

been in custody since 19.05.2024. It was submitted that the grounds for

arrest were not communicated to the petitioner or his relatives at the BAIL APPL. NO. 8634 OF 2025

2025:KER:55559

time of his arrest.

6. The learned Public Prosecutor opposed the bail application and submitted

that the grounds of 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 information of the grounds

for arrest must be provided to the arrested person in such a manner that

sufficient knowledge of the basic facts confuting the grounds imparted

and communicate 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 BAIL APPL. NO. 8634 OF 2025

2025:KER:55559

grounds for arrest must be communicated.

10. On a perusal of the case diary, it is noticed that, the arrest

memo issued to the petitioner does not contain any reference to the

grounds for arrest. Even in respect of the arrest intimation, the register

maintained by the Police, does not indicate that grounds for arrest have

been communicated, though there is an intimation given to the sister of

the petitioner regarding the arrest.

11. Petitioner has been in custody from 19.05.2024 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.