Kerala High Court
Abdul Basith V vs State Of Kerala on 16 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:68631
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
BAIL APPL. NO. 10861 OF 2025
CRIME NO.7/2024 OF KALIKAVU EXCISE RANGE OFFICE,
MALAPPURAM AGAINST THE ORDER/JUDGMENT IN SC NO.1193 OF 2024 OF
SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI.
PETITIONER:
ABDUL BASITH V.,
AGED 35 YEARS,
S/O. ABDUL BASHEER V, VADAKOTH(H),
UNNIKULAM P.O, THAMARASSERY THALUK,
UNNIKULAM VILLAGE, KOZHIKODE (DIST),
PIN - 673 574.
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.JIS JOHN SEBASTIAN
SHRI.AHAMMED MIZWAR V.P.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
SRI.PRASANTH M P (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.10861 of 2025
2025:KER:68631
-2-
BECHU KURIAN THOMAS, J
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Bail Appl. No.10861 of 2025
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Dated this the 16th 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 fourth accused in Crime No.7 of 2024 of
Kalikavu Excise Range Office, Malappuram, which is now pending as
S.C.No.1193 of 2024 of Special Court (Atrocities against SC/ST),
Manjeri, registered for the offences punishable under sections 22(c)
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(for short 'NDPS Act').
3. According to the prosecution on 06.03.2024, the accused
was found in possession while transporting 265.14 grams of
methamphetamine in a car bearing Reg. No.KL-57-W-1726 and thereby
committed the offences alleged. Petitioner was arrested on 22.07.2024,
and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 22.07.2024. It was submitted that
the grounds for arrest were not communicated to the petitioner or his
relatives at the time of his arrest.
2025:KER:68631
5. 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.
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 the
aforesaid principles in relation to offences alleged under the NDPS Act
2025:KER:68631
and held that the grounds for arrest must be communicated.
9. On a perusal of the case diary, it is noticed that the
grounds for arrest have not been communicated to the petitioner as
contemplated by law. Though the arrest memo mentions that the
accused had arranged the contraband, there is no reference to the
nature of contraband or the quantity. Since those significant as far as
the offence under the NDPS Act is concerned, I am satisfied that the
grounds for arrest have not been communicated to the petitioner as
contemplated by law. Similarly, the arrest intimation also does not
refer to any grounds for arrest.
10. Petitioner has been in custody from 22.07.2024 onwards.
Since the grounds for arrest were not communicated to the petitioner
soon after the arrest, 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.
(d) Petitioner shall not commit any similar offences while he
is on bail.
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(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:68631
APPENDIX OF BAIL APPL. 10861/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE PHOTOCOPY OF THE COMPLAINT FILED BY
THE EXCISE IN S.C NO: 1193/2024 BEFORE THE
SPECIAL COURT FOR SC/ST ACT & NDPS CASES,
MANJERI.
Annexure 2 A TRUE COPY OF THE ARREST MEMO OF THE
PETITIONER IN CRIME NO. 7/2024 OF KALIKAVU
EXCISE RANGE DATED 22/07/2024.
Annexure 3 A TRUE COPY OF THE ARREST INTIMATION
ISSUED TO THE FATHER OF THE PETITIONER.
Annexure 4 A TRUE COPY OF THE ORDER IN SLP(CRL) NO.
1149/2025 DATED 08/04/2025.
Annexure 5 A TRUE COPY OF THE ORDER IN B.A NO.
8846/2025 DATED 28/07/2025.
Annexure 6 A TRUE COPY OF THE ORDER IN B.A NO.
9456/2025 DATED 19/08/2025.
Annexure 7 A TRUE COPY OF THE COMMON ORDER IN B.A NO.
9940/2025 AND B.A NO. 9938/2025 DATED
20/08/2025.
