Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8609 OF 2025 (GM-RES) BETWEEN: ABDUL SATHAR S/O LATE AMEER SAB, AGED ABOUT 63 YEARS, R/AT NO.36, ALIM NAGAR, BEHIND BANNI MANTAP, MYSURU DISTRICT-570 015. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA N.R. POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. Digitally signed by R …RESPONDENT HEMALATHA Location: HIGH (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) COURT OF KARNATAKA
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 08.02.2025 IN CRIME NO.20/2025 OF N.R POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(B) (ii) (B) OF NDPS ACT WHICH IS PRODUCED AT ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2- CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORDER
1. The petitioner, who has been arrested in Crime No.20/2025 registered by the N.R. Police Station, is before this Court seeking relief.
2. Initially, the CCB Police, upon receiving credible information that the petitioner was in possession of ganja, apprehended him on 08.02.2025 at approximately 6:15 p.m. and produced him before the N.R. Police Station, Mysuru. The respondent police formally arrested the petitioner on 08.02.2025 at around 10:30 p.m.
3. The petitioner contends that the arrest is
vitiated due to non-compliance with Article 22 of the Constitution of India. In support of this contention, reliance is placed on the decision of the Hon’ble Supreme Court in Vihaan Kumar v. State of Haryana & Another, reported in 2025 INSC 162.
4. The learned High Court Government Pleader
for the respondent-State argues that the CCB Police, at the time of apprehending the petitioner, had served the grounds of arrest as required under Section 52 of the Narcotic Drugs & Psychotropic Substances Act, 1985, disclosing the offence and the contraband allegedly seized -3- from the petitioner. It is further submitted that the arrest memo dated 08.02.2025 issued by the N.R. Police Station is in conformity with Article 22 of the Constitution of India.
5. The arguments advanced by the learned counsel for both parties have been duly considered.
6. Upon perusal of the grounds of arrest served
on the petitioner by the CCB Police, it is evident that ganja was allegedly seized from the petitioner. However, there is no mention of the quantity of ganja seized. The arrest memo issued by the N.R. Police Station does not refer to the crime number or specify the offences under the provisions of the NDPS Act. Furthermore, there is no allegation concerning the quantity of ganja seized from the petitioner.
7. The Hon’ble Apex Court in Vihaan Kumar
(supra) has held that the grounds of arrest must be communicated to the arrested person in a manner that imparts sufficient knowledge of the basic facts constituting the grounds for arrest. This communication must be made effectively and in a language understood by the arrested person. The mode and method of communication must ensure that the constitutional safeguard under Article 22(1) is achieved.
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8. Therefore, the N.R. Police Station was required
to inform the petitioner about the quantity of ganja seized from him since possession of a smaller quantity of ganja is a lesser offence. Accordingly, the grounds of arrest served on the petitioner do not satisfy the requirements of Article 22(1) of the Constitution of India.
9. Accordingly, the petition is allowed. The
Superintendent of Prison, Central Jail, Mysuru, is hereby directed to release the petitioner-accused No.2 forthwith from judicial custody in Crime No.20/2025, registered by the N.R. Police Station, Mysuru, for offences under Sections 20(b)(ii)(B) of the NDPS Act, 1985, subject to the following conditions: i. The petitioner-accused No.2 shall execute a personal bond for a sum of ₹1,00,000 with one local surety, in a manner and for a bond amount satisfactory to the Trial Court, within two weeks from the date of his release. ii. The petitioner shall not directly or indirectly threaten, influence, or tamper with any prosecution witnesses. iii. The petitioner shall appear before the Trial Court as and when required. -5- iv. The petitioner shall not commit any similar offences in the future. v. The Superintendent of Prison, Central Jail, Mysuru, is hereby directed to release the petitioner forthwith, without any delay, immediately upon receipt of a copy of this order, provided he is not required for any other proceedings. vi. The Registry is directed to communicate this
order to the concerned Jail Authorities immediately, both
via e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 287