Kerala HC grants bail to Nikhil, arrested under NDPS Act, citing ineffective communication of arrest grounds and minor quantity of ganja.

Headnote:

The High Court of Kerala at Ernakulam granted bail to Nikhil, the second accused in Crime No.46/2025, registered by the Excise Enforcement & Anti Narcotic Special Squad, Thrissur, under Sections 8(c), 20(b)(ii)(B), 29, and 60(3) of the NDPS Act, 1985. The petitioner was found in possession of 19 grams of ganja while co-conspiring with the first accused who had 1.026 kg. Bail was allowed considering that the grounds for arrest were not effectively communicated to the petitioner, which is a mandatory requirement under Article 22(1) of the Constitution. The Court relied on precedents including Pankaj Bansal v. Union of India [(2024) 7 SCC 576] and Shahina v. State of Kerala (2025 KHC Online 706), emphasizing the petitioner’s right to be informed of arrest grounds in an understandable manner.

Background:

Petitioner Nikhil was arrested on 08.09.2025 in connection with an alleged conspiracy to possess intermediate quantity of ganja with the first accused. The prosecution argued that due to the commercial quantity involved with the first accused, stringent provisions under Section 37 of NDPS Act would apply. However, the petitioner’s possession of 19 grams constituted a bailable offence. It was highlighted that the grounds for arrest were not communicated to him or his relatives at the time of arrest, violating Article 22(1) safeguards. The petitioner remained in custody despite this lapse, prompting the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Conclusion:

Considering the minor quantity of contraband possessed by the petitioner and the failure to communicate the grounds for arrest effectively, the High Court held that Nikhil’s arrest was vitiated. The Court granted bail subject to conditions including execution of a bond of Rs.1,00,000 with two solvent sureties, cooperation with trial, prohibition from influencing witnesses or tampering with evidence, restriction from committing similar offences, and no leaving Kerala without Court permission. The decision reinforces the constitutional mandate of informing arrested persons of grounds of arrest and ensures protection of procedural rights under NDPS law.

Case Details:

Court: High Court of Kerala, Ernakulam

Judge: Hon’ble Mr. Justice Bechu Kurian Thomas

Date of Order: 07.10.2025

Bail Application No.: 11956 of 2025

Crime No.: 46/2025 (Thrissur E.E.)

Petitioner: Nikhil, aged 38, S/o Ravindran, Thrissur

Seized Contraband: 19 grams of ganja (petitioner), 1.026 kg ganja (co-accused)

Key Legal Principles: Effective communication of grounds of arrest (Article 22(1) Constitution); bail entitlement for bailable offences despite conspiracy allegations.

Bail Conditions: Bond of Rs.1,00,000 with two solvent sureties, cooperation with trial, no tampering/intimidation, no similar offences, no exit from Kerala without permission.