Arrest and Remand Deemed Unconstitutional Due to Non-Compliance with Constitutional and Statutory Requirements
In a significant judgment, the Kerala High Court, presided over by Dr. Kauser Edappagath, J., has granted bail to Sarafudheen, accused No.1 in a high-profile narcotic drugs case. The Court determined that the arrest and remand of Sarafudheen were unconstitutional due to non-compliance with Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The case involved the seizure of 69.90 grams of MDMA from Sarafudheen and two others on August 16, 2025. Despite prima facie evidence against Sarafudheen, the court focused on the procedural lapses in the arrest process. The judgment highlighted that the grounds of arrest, including the quantity of contraband, were not adequately communicated to the accused, which is a mandatory requirement in such cases.
The Court emphasized the constitutional mandate under Article 22(1) and statutory provisions under Section 47 of BNSS, stating that the arresting officer must communicate the grounds of arrest in writing, specifying the details and nature of the offence. The failure to mention the quantity of contraband seized rendered the arrest and subsequent remand illegal.
Citing precedents, including Pankaj Bansal v. Union of India and Mihir Rajesh Shah v. State of Maharashtra, the judgment reinforced the importance of communicating arrest grounds to uphold the fundamental rights of the arrestee. The Court noted that the burden of proof lies with the police to establish compliance with these requirements.
Dr. Edappagath ordered Sarafudheen's release on bail, subject to several conditions, including executing a bond for Rs. 1,00,000, cooperation with the investigation, regular appearances before the investigating officer, and restrictions on contacting witnesses or leaving Kerala.
This ruling underscores the judiciary's commitment to protecting individual rights against procedural lapses in criminal justice processes.
Bottom Line:
Under Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the grounds of arrest must be communicated to the arrested person in writing, specifying the nature and details of the offence, including the quantity of contraband in NDPS cases. Non-compliance renders the arrest and remand illegal, necessitating the release of the arrestee.
Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Sarafudheen v. State of Kerala, (Kerala) : Law Finder Doc id # 2876362
