Kerala High Court
Firoz P vs State Of Kerala on 18 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:69556
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
BAIL APPL. NO. 11240 OF 2025
CRIME NO.9/2025 OF MALAPPURAM EXCISE RANGE OFFICE, MALAPPURAM
PETITIONER:
FIROZ P.,
AGED 37 YEARS,
S/O.MUHAMMED, PIDAKOZHI HOUSE, MORAYUR,
KONDOTTY, MALAPPURAM DISTRICT,
PIN - 673 642.
BY ADVS.
SHRI.NOBLE MATHEW
SMT.KUMARI SANGEETHA S.NAIR
SMT.DEEPA NOBLE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 NOUFAL. N.,
CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT &
ANTINARCOTIC SPECIAL SQUAD, MALAPPURAM PEN-42958,
B2 BLOCK, CIVIL STATION MALAPPURAM,
PIN - 676 505.
SMT.SREEJA V (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.111240 of 2025
2025:KER:69556
-2-
BECHU KURIAN THOMAS, J
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Bail Appl. No.11240 of 2025
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Dated this the 18th 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 second accused in Crime No.9/2025 of the
Excise Enforcement and Anti-Narcotic Special Squad, Malappuram.
Petitioner is alleged to have committed offences punishable under
Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 [NDPS Act].
3. According to the prosecution, on 02.02.2025, accused Nos.1
and 2 were together found in possession of 20.489 Kg of Ganja and they
were arrested on that day itself and petitioner has been in custody since
then.
4. Heard Adv.Noble Mathew, 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 from 02.02.2025. It was submitted that
the grounds for arrest were not communicated to the petitioner or his
relatives at the time of his arrest.
6. The learned Public Prosecutor opposed the bail application
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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.
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
[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.
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 records of investigation it is noticed
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that the arrest memo specifically refers to the petitioner having been in
possession of 20.489 Kg. of ganja, which contains his signature as well
as his finger print. However, in the arrest notice, it is seen that no
grounds for arrest have been communicated to the near relative of the
petitioner, other than mentioning about the provisions of law.
Considering the legal proposition, I am satisfied that the grounds for
arrest have not been communicated to any relative of the petitioner as
contemplated by law. In such circumstances, petitioner's arrest is
vitiated.
11. Though the learned Counsel for the petitioner submitted
that the arrest was never intimated to any relative, the prosecution
contended that intimation was given to his friend. Though there is a
dispute as to whether the intimation was given or not, it is a matter to be
identified during trial. Since I have already found that the grounds for
arrest have not been communicated to a near relative of the petitioner
as contemplated by law, the said question is left open.
12. Petitioner has been in custody from 02.02.2025 onwards.
Since the grounds for arrest were not communicated to the near
relatives of the petitioner, he 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.
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(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 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:69556
APPENDIX OF BAIL APPL. 11240/2025
PETITIONER ANNEXURES
Annexure A-1 THE TRUE COPY OF THE CRIME AND OCCURANCE
REPORT IN CR NO. 09/2025 DATED
03/02/2025.
Annexure A-2 TRUE COPY OF THE ORDER IN CRL.M.P NO.
777/2025 IN CR. NO. 09/2025 EE & ANSS
DATED 28.07.2025.
Annexure A-3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN BAIL APPLICATION NO. 10080/2025
DATED 25.08.2025.
