Kerala High Court
Ajmal vs State Of Kerala on 9 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:66707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
BAIL APPL. NO. 10703 OF 2025
CRIME NO.45/2024 OF KOLLAM E.E, KOLLAM AGAINST THE
ORDER/JUDGMENT DATED 21.08.2025 IN BAIL APPL. NO.9937 OF 2025
OF HIGH COURT OF KERALA.
PETITIONER:
AJMAL.,
AGED 25 YEARS,
S/O NISAMUDEEN THINAVILA THAZHATH VEEDU
THRIKKARUVA PO, KOLLAM, PIN - 691 602.
BY ADV SRI.M.RAJESH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY, PIN - 682 031.
2 THE EXCISE INSPECTOR,
EXCISE ENFOCEMENT & ANTI NARCOTICS SPECIAL SQUAD,
CHINNAKKADA PO, KOLLAM, PIN - 691 601.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.10703 of 2025
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-2-
BECHU KURIAN THOMAS, J
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Bail Appl. No.10703 of 2025
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Dated this the 9th day of September, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.45 of 2024 of
Excise Enforcement and Anti Narcotic Special Squad, Kollam,
registered for the offence punishable under section 20(b)(ii)(C) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short 'NDPS Act').
3. According to the prosecution on 11.10.2024, the
accused was found in possession of 30.98 Kg of ganja and thereby
committed the offences alleged. Petitioner was arrested on
11.10.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 11.10.2024. It was
submitted that the grounds for arrest were not communicated to the
petitioner or his relatives at the time of his arrest.
5. The learned Public Prosecutor opposed the bail
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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.
6. 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.
7. 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 [2025 SCC Online SC 269], it has been held that the
requirement of informing a person of grounds of 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.
8. In a recent decision in Shahina v. State of Kerala
(2025 KHC Online 706), this Court has also considered the impact of
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the aforesaid principles in relation to offences alleged under the
NDPS Act and held that the grounds for arrest must be
communicated.
9. On a perusal of the case records, it is noticed that
though the grounds for arrest have been communicated to the
arrestee through the arrest memo, there is nothing to indicate that
the grounds for arrest were communicated to any near relative. In
view of the failure to communicate the grounds for arrest to a near
relative of the petitioner, it cannot be said that the grounds for
arrest have been effectively communicated to the petitioner as
contemplated by law.
10. Petitioner has been in custody from 11.10.2024
onwards. Since the grounds for arrest were not communicated as
required by law, petitioner is entitled to be released on bail.
In the result, 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.
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(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 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
ADS
2025:KER:66707
APPENDIX OF BAIL APPL. 10703/2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE ORDERS OF THE
LEARNED ADDL DISTRICT & SESSIONS JUDGE,
KOLLAM IN CRL MP NO. 1116/2025 DATED
07.08.2025.
Annexure 2 THE TRUE COPY OF THE ARREST MEMO IN CRIME
NO. 45/2025 OF THE EXCISE ENFOCEMENT &
ANTI NARCOTIC SPECIAL SQUAD, KOLLAM.
