Kerala High Court
Sam Benny vs State Of Kerala on 23 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9695 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
BAIL APPL. NO. 9695 OF 2025
CRIME NO.12/2024 OF Thrissur E.E., Thrissur
AGAINST THE ORDER/JUDGMENT DATED 04.07.2025 IN Bail Appl.
NO.8168 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:
SAM BENNY
AGED 27 YEARS
S/O BENNY K.P, KAITHAVALAPPIL HOUSE,
NAYARAMBALAM PO, ERNAKULAM, PIN - 682509
BY ADV SRI.K.V.SABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY PASSE THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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B.A.No.9695 of 2025
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Dated this the 23rd 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 fourth accused in Crime No.12 of 2024
of the Excise Enforcement and Anti Narcotic Special Squad,
Thrissur, which is now pending as S.C.No.1038 of 2024 before the
Additional Sessions Court-IV, Thrissur, registered for the offences
punishable under Sections 22(c), 29, 60(3) and 27A of the Narcotic
Drugs and Psychotropic Substances Act, 1985 [for brevity, ‘NDPS
Act‘].
3. According to the prosecution, on 09.02.2024, the
accused were found in possession of 100 grams of
Methamphetamine and the 4th accused is alleged to have financed
the procurement of the said contraband and thereby the accused
committed the offences alleged. Petitioner was arrested on
09.05.2024 and he has been in custody since then.
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4. Heard Adv.K.V.Sabu, the learned Counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 09.05.2024. 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 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
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and Others, [(2024) 7 SCC 576], Prabir Purkayastha v. State
(NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v.
State of Haryana [AIR 2025 SC 1388], 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 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 Annexure A1 arrest memo, it is noticed
that there is specific reference indicating the role of the petitioner
in providing financial assistance to the first accused for purchasing
the narcotic drugs. Hence, it is seen that the grounds for arrest
have been communicated to the arrestee. However, in Annexure
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A2, which is the arrest intimation, there is no reference to the
grounds for arrest, except for mentioning the provisions of law as
Section 27A of the NDPS Act. In the decision in Vihaan Kumar
(supra), it has been observed that the grounds for arrest must be
communicated to the relatives as well. This Court has considered
the proposition in the decision in Shahina (supra) as well. In view
of the failure to provide the grounds for arrest to the relatives of
the petitioner, I am satisfied that there is a failure to communicate
the grounds for arrest. In such circumstances, petitioner’s arrest is
vitiated.
11. Petitioner has been in custody from 09.05.2024
onwards. Since the grounds for arrest have not been
communicated, petitioner 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
sp/23/08/2025
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APPENDIX OF BAIL APPL. 9695/2025
PETITIONER ANNEXURES
Annexure A1 A COPY OF THE ARREST MEMO DT.9.5.2024 OF
THIS PETITIONER
Annexure A2 COPY OF THE ARREST INTIMATION DT.9.5.2024
Annexure A3 COPY OF THE REPORT DT.9.5.2024 BY THE
ASSISTANT EXCISE COMMISSIONER SUBMITTED
BEFORE THE LEARNED JFCM COURT-I,
VADAKKANCHERY
Annexure A4 A COPY OF THE STATEMENT OF THE 1ST
ACCUSED RECORDED BY THE ASSISTANT EXCISE
COMMISSIONER ON 3.5.2024
Annexure A5 COPY OF THE STATEMENT OF THE 2ND ACCUSED
DT.3.5.2024
Annexure A6 COPY OF THE STATEMENT OF THE 3RD ACCUSED
DT.3.5.2024
Annexure A7 A COPY OF THE STATEMENT DT.9.5.2024 OF
THIS PETITIONER, RECORDED BEFORE THE
ASSISTANT EXCISE COMMISSIONER