Kerala High Court
Sanjib Nayak vs State Of Kerala on 9 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:20824
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 9TH DAY OF MARCH 2026 / 18TH PHALGUNA, 1947
BAIL APPL. NO. 1122 OF 2026
CRIME NO.2561/2025 OF ALUVA EAST POLICE STATION, Ernakulam
PETITIONERS/ACCUSED NO.1 TO 4:
1 SANJIB NAYAK
AGED 20 YEARS
S/O HANU NAYAK, GENJA VILLAGE, GANJAM DISTRICT,
ODISHA, INDIA.
2 NANDA MALIK
AGED 35 YEARS
S/O BACHIA MALIK, RAIKIA, INDRAGODA,
KANDHAMAL DISTRICT, ODISHA, INDIA.
3 KRISHNA NAYAK
AGED 20 YEARS
S/O AKULA NAYAK, HATAPADA, SURADA,
GANJAM DISTRICT, ODISHA, INDIA.
4 RAJA NAYAK
AGED 25 YEARS
S/O KANDHA NAYAK, 23, GUNDIBIRA, HUKUMA, SURADA,
GANJAM DISTRICT, ODISHA, INDIA.
SRI.JOSEPH MARY DAS
SMT.DEVIKA S.
SRI.BIMAL V. BIJU
SMT.ARCHANA SUBHASH K.
SRI.BHAGYANATH M.K.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
KERALA, PIN - 682031
2026:KER:20824
BAIL APPL. NO. 1122 OF 2026
2
2 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT,
KERALA, PIN - 688563
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:20824
BAIL APPL. NO. 1122 OF 2026
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 the accused Nos.1 to 4 in Crime No.2561/2025 of Aluva East Police Station, Ernakulam District. The offences alleged are punishable under Sections 8(c), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
3. The prosecution case, in short, is that on 17.11.2025 at about 10.20 a.m., the Sub Inspector of Police, Aluva East Police Station, allegedly received telephonic information that four persons carrying heavy backpacks were sitting by the roadside near the old KSEB office building (presently functioning as the godown of Max Express Logistics) situated behind the Aluva Railway Station and that the bags were suspected to contain ganja. Based on the said information, the police party proceeded to the location at about 10:55 a.m. and found the applicants sitting by the roadside with backpacks. After questioning them and conducting a search in the presence of witnesses, the police claim to have recovered a total 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 4 quantity of 24.956 kilograms of ganja, allegedly packed in two packets inside each of the four bags, thus totalling eight packets. The applicants thereby committed the aforesaid offences.
4. I have heard Sri.Joseph Mary Das, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel appearing for the applicants submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicants were not furnished with the grounds of arrest, their arrest was illegal and they are liable to be released on bail. On the other hand, the learned Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the BNSS at the time of the arrest of the applicants. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicants and hence they are not entitled to bail at this stage.
6. The applicants were arrested on 17.11.2025 and since then they are in judicial custody.
7. Though prima facie there are materials on record to 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 5 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.
8. Chapter V of BNSS, 2023 deals with the arrest of persons. Sub-section (1) of Section 35 of BNSS lists cases when police may arrest a person without a warrant. Section 47 of BNSS clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Noncompliance with Article 22(1) of the Constitution will be a violation of the fundamental right of the accused guaranteed by the said Article. It will also amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution.
9. The question whether failure to communicate written grounds of arrest would render the arrest illegal, necessitating the 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 6 release of the accused, is no longer res integra. The Supreme Court in Pankaj Bansal v. Union of India and Others [(2024) 7 SCC 576], while dealing with Section 19 of the Prevention of Money Laundering Act, 2002, has held that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. It was further held that a copy of written grounds of arrest should be furnished to the arrested person as a matter of course and without exception. In Prabir Purkayastha v. State (NCT of Delhi) (2024) 8 SCC 254], while dealing with the offences under the Unlawful Activities Prevention Act,1967 (for short, 'UAPA'), it was held that any person arrested for an allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest has to be furnished to the arrested person as a matter of course and without exception at the earliest. It was observed that the right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution of India, and any infringement of this fundamental right would vitiate the process of arrest and remand.
10. In Vihaan Kumar v. State of Haryana and Others 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 7 (2025 SCC OnLine SC 269], the Supreme Court, while dealing with the offences under IPC, reiterated that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. It was further held that if the grounds of arrest are not informed, as soon as may be after the arrest, it would amount to the violation of the fundamental right of the arrestee guaranteed under Article 22(1) of the Constitution, and the arrest will be rendered illegal. It was also observed in the said judgment that although there is no requirement to communicate the grounds of arrest in writing, there is no harm if the grounds of arrest are communicated in writing and when arrested accused alleges non-compliance with the requirements of Article 22(1) of the Constitution, the burden will always be on the Investigating Officer/Agency to prove compliance with the requirements of Article 22(1).
11. In Kasireddy Upender Reddy v. State of Andhra Pradesh (2025 SCC OnLine SC 1228), the Supreme Court held that reading out the grounds of arrest stated in the arrest warrant would tantamount to compliance of Art.22 of the Constitution. It was further held that when an accused person is arrested on warrant and it contains the reason for arrest, there is no requirement to 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 8 furnish the grounds for arrest separately and a reading of the warrant to him itself is sufficient compliance with the requirement of informing the grounds of his arrest. In State of Karnataka v. Sri Darshan (2025 SCC OnLine SC 1702), it was held that neither the Constitution nor the relevant statute prescribes a specific form or insists upon a written communication in every case. Substantial compliance of the same is sufficient unless demonstrable prejudice is shown. It was further held that individualised grounds are not an inflexible requirement post Bansal and absence of written grounds does not ipso facto render the arrest illegal unless it results in demonstrable prejudice or denial of an opportunity to defend. However, in Ahmed Mansoor v. State (2025 SCC OnLine SC 2650), another two Judge Bench of the Supreme Court distinguished the principles declared in Sri Darshan (supra) and observed that in Sri Darshan (supra), the facts governing are quite different in the sense that it was a case dealing with the cancellation of bail where the chargesheet had been filed and the grounds of detention were served immediately. Recently, in Mihir Rajesh Shah v. State of Maharashtra and Another (2025 SCC OnLine SC 2356), the three Judge Bench of the Supreme Court held that grounds of arrest must be informed to the arrested person in 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 9 each and every case without exception and the mode of communication of such grounds must be in writing in the language he understands. It was further held that non supply of grounds of arrest in writing to the arrestee prior to or immediately after arrest would not vitiate such arrest provided said grounds are supplied in writing within a reasonable time and in any case two hours prior to the production of arrestee before the Magistrate.
12. A Single Bench of this Court in Yazin S. v. State of Kerala (2025 KHC OnLine 2383) and in Rayees R.M. v. State of Kerala (2025 KHC 2086) held that in NDPS cases, since the quantity of contraband determines whether the offence is bailable or non bailable, specification of quantity is mandatory for effective communication of grounds. It was further held that burden is on the police to establish proper communication of the arrest. In Vishnu N.P. v. State of Kerala (2025 KHC OnLine 1262), another Single Judge of this Court relying on all the decisions of the Supreme Court mentioned above specifically observed that the arrest intimation must mention not only the penal section but also the quantity of contraband allegedly seized.
13. The following principles of law emerge from the above mentioned binding precedents.
2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 10
(i) The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS.
(ii) The grounds of arrest must be communicated in writing to the arrestees in the language they understands.
(iii) In cases where the arresting officer/person is unable to communicate the grounds of arrest in writing soon after arrest, it be so done orally. The said grounds be communicated in writing within a reasonable time and in any case at least two hours prior to the production of the arrestee for the remand proceedings before the Magistrate.
(iv) In NDPS cases, specification of quantity of the contraband seized is mandatory for effective communication of grounds of arrest.
(v) In case of non compliance of the above, the arrest and the subsequent remand would be rendered illegal and the arrestee should be set free forthwith.
(vi) The burden is on the police to establish the proper communication of grounds of arrest.
(vii) The filing of charge sheet and cognizance of the order cannot validate unconstitutional arrest.
2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 11
14. I went through the case diary. On a perusal of the case diary, it is noticed that even though separate grounds of arrest were communicated to the applicants and relatives, there is no reference to the quantity of the contraband seized from the applicants. The quantity of contraband is necessary to be mentioned since it enables the applicants to identify whether they are involved in a bailable or non-bailable offence or whether the quantity involved is small, intermediary or commercial. Hence, I hold that the requirement of Article 22(1) of the Constitution and Section 47 of BNSS have not been satisfied. Therefore, applicants' arrest and their subsequent remand are nonest and they are entitled to be released on bail.
15. Since there is non-compliance with Sections 47 and 48 of the BNSS, the arrest stands vitiated. Hence, the Jail Superintendent, Borstal School, Thrikkakara, is directed to release applicant Nos.1 and 3 and the Jail Superintendent, Sub Jail, Aluva, is directed to release applicant Nos.2 and 4 forthwith.
The bail application is allowed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE NP 2026:KER:20824 BAIL APPL. NO. 1122 OF 2026 12 APPENDIX OF BAIL APPL. NO. 1122 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
2561 OF 2025, REGISTERED AT ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT Annexure A2 CERTIFIED COPY OF THE ORDER OF THE HON'BLE SESSIONS COURT, ERNAKULAM IN CRL.
M.P. NO. 1/2026 IN CRIME NO. 2561 OF 2025 OF ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT