Kerala High Court
Ashwin S.S vs Union Of India Represented By ... on 22 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9208 OF 2025
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2025:KER:63843
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
BAIL APPL. NO. 9208 OF 2025
CRIME NO.3/2024 OF NARCOTICS CONTROL BUREAU, KOCHI, Ernakulam
AGAINST THE ORDER DATED 13.12.2024 IN Bail Appl. NO.6901
OF 2024 OF HIGH COURT OF KERALA
PETITIONER :
ASHWIN S.S.
AGED 21 YEARS
S/O SASI T, MISSION HOUSE,
CSI, PERUMKADAVILA,
AYROOR JUNCTION, NEYYATTINKARA,
THIRUVANANTHAPURAM, KERALA,
PIN - 695 124
BY ADVS.
KUM.NIHARIKA HEMA RAJ
SRI.S.K.ADHITHYAN
RESPONDENT :
UNION OF INDIA REPRESENTED BY INSPECTOR,
NARCOTICS CONTROL BUREAU,
COCHIN INTELLIGENCE OFFICER/INSPECTOR,
NARCOTICS CONTROL BUREAU,
COCHIN ZONAL UNIT,
PIN - 682 037
BY SHRI.R.VINU RAJ, SPL. P. P. NARCOTICS CONTROL
BUREAU
BAIL APPL. NO. 9208 OF 2025
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2025:KER:63843
BY SHRI.K.K.SUBEESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9208 OF 2025
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2025:KER:63843
BECHU KURIAN THOMAS, J.
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B.A.No.9208 of 2025
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Dated this the 22nd day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in O.R.No.3 of 2024 of the Narcotics Control Bureau, Kochi, registered for the offences punishable under Sections 22(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').
3. According to the prosecution, the petitioner allegedly ordered a parcel containing 15 blots of LSD (Lysergic Acid Diethylamide) weighing 1.26 grams from a foreign country using a TOR browser and paid for the same using cryptocurrency. The said parcel was intercepted by the NCB at the Foreign Post Office, Ernakulam on 14.02.2024 and was replaced with a dummy parcel, which was thereafter delivered through controlled delivery to the petitioner on 17.02.2024. Upon receipt of the same, the petitioner was arrested on the spot by the officials of the NCB on 17.02.2024 and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the BAIL APPL. NO. 9208 OF 2025 4 2025:KER:63843 petitioner has been in custody since 17.02.2024. 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 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 and Another [2025 SCC Online SC 269], it has been held that the requirement of informing a person of grounds for 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 BAIL APPL. NO. 9208 OF 2025 5 2025:KER:63843 communicated to the arrested person effectively in the language which he understands.
8. In a recent decision in Shahina vs. 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.
9. By an interim order 13.08.2025, this Court had after verifying the records of the case found prima facie that the grounds for arrest were not communicated to the relatives of the petitioner immediately after his arrest, interim bail was granted releasing the petitioner on conditions. The matter was posted again since there was an inconsistency detected from the records.
10. The Investigating Officer has filed an affidavit pursuant to the direction of this Court on 19.08.2025. On a perusal of the said affidavit, I am satisfied with the contends thereof and also that sufficient explanation has been given for the inconsistency noted.
11. As noticed in the interim order dated 13.08.2025, the grounds for arrest though communicated to the arrestee, intimation was not given to the relatives immediately. There was a delay of three days in sending the intimation of arrest to the nearest relatives. There is also no material to show when the intimation was served on the relatives of BAIL APPL. NO. 9208 OF 2025 6 2025:KER:63843 the petitioner. In such circumstances, I am satisfied that the requirement of intimating the grounds for arrest to the relatives of the petitioner soon after the arrest has not been satisfied.
In view of the above, the interim bail granted by this Court to the petitioner on 13.08.2025 is made absolute.
The bail application is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE RKM BAIL APPL. NO. 9208 OF 2025 7 2025:KER:63843 APPENDIX OF BAIL APPL. 9208/2025 PETITIONER'S ANNEXURES :
ANNEXURE I ARREST MEMO DATED 17.02.2024 ANNEXURE II TRUE COPY OF THE LETTER DATED 17.02.2024
INTIMATING THE ARREST OF THE PETITIONER TO HIS FATHER ANNEXURE III A TRUE COPY OF THE ORDER DATED 21.07.2025 OF THE HON'BLE SESSIONS COURT, ERNAKULAM IN CRL.MC NO. 1900/2025 RESPONDENT'S ANNEXURES :
ANNEXURE R1(A) PETITIONERS S.67 STATEMENT DATED 17.02.2024 ANNEXURE R1(B) ARREST MEMO DATED 17.02.2024 ANNEXURE R1(C) ARREST INTIMATION DATED 17.02.2024 ANNEXURE R1(D) COPY OF DISPATCH REGISTER