Court dismisses bail plea, affirms compliance with constitutional and statutory arrest procedures.
In a significant ruling, the Kerala High Court has dismissed the bail application of Kamal Kumar Mandal, who was arrested for possession of 23.400 kilograms of Ganja, affirming the legality of the arrest procedure. The judgment, delivered by Dr. Kauser Edappagath, J., emphasizes the mandatory compliance with constitutional and statutory requirements concerning the communication of arrest grounds.
Kamal Kumar Mandal, the petitioner, challenged his arrest on the grounds that he was not informed of the reasons for his detention in a language he understands, as mandated by Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner argued that this non-communication rendered his arrest illegal and sought bail based on this premise.
The court, however, found that the arrest was conducted in accordance with legal requirements. The judgment highlighted the importance of communicating the grounds of arrest and the quantity of contraband in NDPS cases to ensure effective understanding by the arrestee. Despite the absence of written communication in the petitioner’s native language, the court noted that the arrest was validated by oral communication supported by the seizure mahazar, which documented the telephonic intimation to the applicant's relative.
The court referred to precedents set by the Supreme Court, including the case of "Mihir Rajesh Shah v. State of Maharashtra," which mandates that arrest grounds should be communicated in writing in the language understood by the arrestee. However, it clarified that this requirement would apply only prospectively and not to arrests made before the judgment date.
The ruling also reinforced the principles established in previous cases, affirming that substantial compliance with arrest communication requirements suffices unless demonstrable prejudice is shown. The burden of proof in demonstrating proper communication rests with the arresting authorities.
In conclusion, the Kerala High Court upheld the arrest procedure's validity and dismissed the bail application, underscoring the adherence to constitutional provisions and statutory mandates in arrest cases under the NDPS Act.
Bottom Line:
Compliance with constitutional and statutory requirements for informing an arrestee of the grounds of arrest under Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is mandatory. In NDPS cases, specification of the contraband quantity is essential for effective communication of grounds.
Statutory provision(s): Article 22(1) of the Constitution of India, Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 22(b)(ii)(C) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Kamal Kumar Mandal v. State of Kerala, (Kerala) : Law Finder Doc id # 2848503
