[Cites 11, Cited by 0]
Kerala High Court
Deoal K. Varghese vs Narcotic Control Bureau on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
BAIL APPL. NO. 12396 OF 2025
CRIME NO.3/2022 OF NARCOTICS CONTROL BUREAU, KOCHI,
ERNAKULAM
AGAINST THE ORDER DATED 01.09.2025 IN CRMC NO.2412 OF
2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONERS/ACCUSED NOS.1 & 2:
1 DEOAL K. VARGHESE,
AGED 36 YEARS
R/O SUNSET VALLEY RESORT, KALATHIL HOUSE,
AMALAGIRI -PALAKUZHY -THEKKEMALA ROAD,
PERUVANTHANAM MUNDAKKAYAM,
KERALA, PIN - 685532
2 ANJU DAVIS,
AGED 29 YEARS
W/O DEOAL K. VARGHESE,
R/O SUNSET VALLEY RESORT, KALATHIL HOUSE,
AMALAGIRI -PALAKUZHY -THEKKEMALA ROAD,
PERUVANTHANAM MUNDAKKAYAM,
KERALA., PIN - 685532
SRI.SHAIJAN C.GEORGE
SMT.ARLISS TRENCY ANTONY
SRI.VINAI JOHN
SRI.AJAY RAMESH
RESPONDENTS/COMPLAINANT:
1 NARCOTIC CONTROL BUREAU,
COCHIN ZONAL UNIT, REPRESENTED BY THE SPECIAL
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682017
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BAIL APPL. NO. 12396 OF 2025
2
2 THE SUB INSPECTOR,
NARCOTIC CONTROL BUREAU, COCHIN ZONAL UNIT,
COCHIN, PIN - 682017
SRI.R.VINU RAJ, SPL.PP
SRI.K.K.SUBEESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 12396 OF 2025
3
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular
bail.
2. The applicants are accused Nos.1 and 2 in O.R.
No.3/2022 of Narcotics Control Bureau, Kochi, Ernakulam District.
The offences alleged are punishable under Section 8(c) read with
Sections 22(c), 23(c), 28 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS Act').
3. The prosecution case, in short, is that on 10.10.2022,
on the basis of a reliable information, a DHL courier was
intercepted at DHL Express, Ernakulam, and 620 grams of
Ketamine was found concealed in the parcel and were seized. The
substance was believed to be Amphetamine at the time of seizure
and on chemical analysis it was found that the substance was
Ketamine Hydrochloride. As per the documents that were seized
along with the parcel and contraband, the parcel was booked
using a copy of an Aadhaar Card in the name of Aparna.S. During
the investigation, the person who runs the courier office stated
that the courier was booked through him by a male and female at
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BAIL APPL. NO. 12396 OF 2025
his courier shop. A CCTV video recording was also provided by the
courier office person, in which a male and female can be seen
booking a parcel. On investigation, it is found that the Aadhaar
card number was incorrect and the address mentioned in the
Aadhaar for booking the courier was nonexistent. While so, on
28.06.2025, information was received from a reliable source that a
person named Deoal (applicant No.1) and his wife, Anju Davis
(applicant No.2) are Ketamine drug traffickers. They owned a
resort named Sunset Valley Resort, Mundakkayam and they live
on the premises of the property. On the basis of the aforesaid
information, a search of the house inside the Sunset Valley Resort,
in which Deoal and Anju Davis were living, was conducted on
29.06.2025, and substances believed to be Ketamine and Ganja
were seized. During the search of the house, copies of the two
Aadhaar cards were recovered in which photos of Deoal and Anju
Davis were seen. Thereby, NCB Cochin registered a case, OR
No.7/2025 and an occurrence report has been registered to JFMC-I,
Peerumedu. Based on the information, photos of Deoal and Anju
Davis in OR No.7/2025 were identified using case records from OR
No.3/2022. The identification was further supported by CCTV
footage and a fake Aadhaar copy, which suggested that Deoal and
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Anju Davis are the same individuals who booked an Australia-
bound parcel containing 620 grams of Ketamine. Thereby the
applicants committed the aforementioned offences.
4. I have heard Sri.Shaijan C.George, the learned counsel
for the applicants and Sri.R.Vinu Raj, the learned Special Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants have been in custody since 29.06.2025 and the
grounds of arrest were not communicated in accordance with law
at the time of their arrest. The learned Special Public Prosecutor
on the other hand opposed the bail application and submitted that
the grounds of arrest were duly communicated.
6. Though prima facie there are materials on record to
connect the applicants with the crime, since the applicants have
raised a question of absence of communication of the grounds of
their arrest, let me consider the same.
7. It is now well settled that the requirement of informing
a person of the grounds for arrest is a mandatory requirement of
Art.22(1) of the Constitution and Section 47 of BNSS and absence
of the same would render the arrest illegal (See. Pankaj Bansal
v. Union of India and Others [(2024) 7 SCC 576], Prabir
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Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254],
Vihaan Kumar v. State of Haryana and Others (2025 SCC
OnLine SC 269] and Mihir Rajesh Shah v. State of
Maharashtra and Another (2025 SCC OnLine SC 2356).
8. In the instant case, the perusal of the records show that
the grounds of arrest have been communicated to the arrestees,
but they were not communicated to the near relatives. The
Supreme Court in Kasireddy Upender Reddy v. State of
Andhra Pradesh (2025 SCC OnLine SC 1228) has held that the
grounds of arrest should not only be provided to the arrestee but
also to his family members and relatives so that necessary
arrangements are made to secure the release of the person
arrested at the earliest possible opportunity so as to make the
mandate of Art.22(1) meaningful and effective, failing which, such
arrest would be rendered illegal. A learned Single Judge of this
Court in Alvin Riby v. State of Kerala (2025 KER 67079)
following Kasireddy Upender Reddy (supra) held that failure to
communicate the grounds of arrest to the near relatives renders
the arrest illegal. Inasmuch as the grounds of arrest were not
communicated to the relatives of the applicants, the arrest stands
vitiated and they are entitled to be released on bail.
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In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail on executing a
bond for Rs.1,00,000/- (Rupees One lakh only) each with two
solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(iii) The applicants shall appear before the investigating
officer between 10.00 a.m and 11.00 a.m. every Saturday until
further orders. They shall also appear before the investigating
officer as and when required.
(iv) The applicants shall not commit any offence of a like
nature while on bail.
(v) The applicants shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in
any other way try to tamper with the evidence or influence any
witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the
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bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
2026:KER:12971
BAIL APPL. NO. 12396 OF 2025
APPENDIX OF BAIL APPL. NO. 12396 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE MAHAZAR DATED
10.10.2022
Annexure A2 A TRUE COPY OF THE OCCURRENCE REPORT IN
Annexure A3 TRUE COPY OF THE INDEX PREPARED BY JFCM
COURT II, ERNAKULAM
Annexure A4 A TRUE COPY OF THE INVENTORY IN ANNEXURE
Annexure A5 A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE JUNIOR INTELLIGENCE OFFICER DATED
12.10.2022
Annexure A6 THE ENDORSEMENT OF THE HON'BLE COURT OF
SESSIONS ON ANNEXURE 1 AND 2 DATED
14.10.2022
Annexure A7 A TRUE COPY OF THE ARREST MEMO
PERTAINING TO THE FIRST PETITIONER/FIRST
ACCUSED DATED 01.07.2025
Annexure A8 A TRUE COPY OF THE ARREST MEMO
PERTAINING TO THE SECOND
PETITIONER/SECOND ACCUSED DATED
01.07.2025
Annexure A9 THE GROUNDS OF ARREST ISSUED TO THE 1ST
PETITIONER DATED 01.07.2025
Annexure A10 THE GROUNDS OF ARREST ISSUED TO THE 2ND
PETITIONER DATED 01.07.2025
Annexure A11 A TRUE COPY OF THE REMAND APPLICATION
DATED 01.07.2025
Annexure A12 TRUE COPY OF THE REMAND ORDER DATED
01.07.2025
Annexure A13 A TRUE COPY OF THE INFORMATION NOTE
DATED 28.06.2025 AND THE PRINTOUT OF THE
PHOTOGRAPHS ANNEXED TO IT
Annexure A14 TRUE COPY OF THE SEARCH AND SEIZURE
Annexure A15 TRUE COPY OF THE OCCURRENCE REPORT IN
O.R. NO. 7/2025 OF NCB, COCHIN
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Annexure A16 TRUE COPY OF THE ARREST MEMO PERTAINING
TO THE 1ST PETITIONER IN O.R. 7/2025
Annexure A17 TRUE COPY OF THE GROUNDS OF ARREST
PERTAINING TO THE 1ST PETITIONER O.R.
7/2025,
Annexure A18 TRUE COPY OF THE ARREST MEMO PERTAINING
TO THE 2ND PETITIONER O.R. 7/2025,
Annexure A19 TRUE COPY OF THE GROUNDS OF ARREST OF
THE 2ND PETITIONER O.R. 7/2025
Annexure A20 TRUE COPY OF THE AADHAAR OF THE 2ND
PETITIONER
Annexure A21 TRUE COPY OF THE APPLICATION IN CRL.
M.C. NO. 2412/2025 WITHOUT
EXHIBITS/ANNEXURES
Annexure A22 TRUE COPY OF THE REPORT/OBJECTION FILED
BY THE 2ND RESPONDENT IN CRL.M.C. NO.
2412/2025 DATED 24.08.2025
Annexure A23 TRUE COPY OF THE REPLY TO THE
REPORT/OBJECTION FILED BY THE
PETITIONERS IN CRL.M.C. 2412/2025
Annexure A24 THE CERTIFIED COPY OF THE ORDER IN CRL.
M.C. NO. 2412/2025 DATED 01.09.2025
RESPONDENT ANNEXURES
ANNEXURE R1(A) CHEMICAL AALYSIS REPORT DATED 17.01.2023
