- 1 - NC: 2025:KHC:11464 WP No. 7556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 7556 OF 2025 (GM-RES) BETWEEN: 1. SRI.TANJEEM PASHA S/O DAULAT PASHA, AGED ABOUT 25 YEARS, R/AT, NO. 28, 1ST MAIN, 3RD CROSS, MAHAMADIYA MASJID ROAD, SHANTHI NAGAR MYSORE - 570 019. 2. SRI SYED WASEEM S/O SYED RAZAK AGED ABOUT 30 YEARS R/AT NO. 2697, EREKATTE STREET, 23RD CROSS, LASHKAR MOHALLA, MYSORE - 570 001. (BOTH ARE IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION, MANDYA DISTRICT, REP. BY SPP HIGH COURT BUIDLING BANGALORE - 01. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11464 WP No. 7556 of 2025 2. VIVEKANANDA H R, POLICE OFFICER, AGED ABOUT 48 YEARS PI, PANDAVAPURA P.S., MANDYA - 571 434 …RESPONDENTS (BY SRI.M R PATIL, HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED REMAND ORDER DATED 28.01.2025 VIDE ANNEXURE-A IN CRIME NO. 20/2025 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE COURT AT MANDYA FOR THE OFFENCES PUNISHABLE U/S 20(b)(ii)B, 27(a) OF NDPS ACT BY RESPONDENT NO.1 PANDAVAPURA POLICE (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused Nos.2 and 3 who are facing the trial for the offences punishable under Sections 20(b)(ii)(B), 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, are before this Court seeking the following reliefs: "1. Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned remand order dated 28.01.2025 vide ANNEXURE-A in crime No. 20/2025 pending on the file of Principal District and Sessions Judge Court at Mandya for the offences punishable U/S 20(b)(ii)B, 27(a) of NDPS Act by respondent no.1 Pandavapura police (ANNEXURE-A) in the interest of Justice and equity. - 3 - NC: 2025:KHC:11464 WP No. 7556 of 2025 2. To pass any such order as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and Equity." 2. The Petitioners are arrested on 27.01.2025 in relation to Crime No.20/2025 for the aforesaid offences. It is the contention of the petitioners that at the time of arrest, the grounds of arrest were not served and therefore, the arrest stands vitiated for violation of Article 22(1) of the Constitution of India. In support, the learned counsel for the petitioner places reliance on the decision of the Hon'ble Supreme Court in the case of Vihaan Kumar -vs- The state of Haryana & another, reported in 2025 INSC 162. 3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent- State. 4. Admittedly, the petitioners were arrested on 27.01.2025 for having committed the alleged offences and at the time of arrest, the grounds of arrest were not disclosed to the petitioners. 5. The Hon'ble Apex Court in the case of Vihan Kumar (supra), following the earlier decision, has held that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution of India under the heading of fundamental rights. Thus, it is the fundamental right of every person arrested and - 4 - NC: 2025:KHC:11464 WP No. 7556 of 2025 detained in custody to be informed of the grounds of arrest as soon as possible. If the grounds of arrest are not informed as soon as possible after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty, except in accordance with the procedure established by law. 6. Therefore, the arrest of the petitioners stands vitiated for violation of Article 22(1) of the Constitution of India. Therefore, petitioners have got a prima facie case to release them from judicial custody forthwith. ORDER: (i) Accordingly, the Petition is allowed. (ii) The Chief Superintendent of Prison, Mandya, is hereby directed to release the petitioners forthwith from judicial custody in Crime No.20/2025, pending on the file of learned Prl. Sessions & Special Judge, Mandya, registered by Pandavapura Police Station for the offences punishable under Sections 20(b)(ii)B, 27(a) of NDPS Act, subject to the following conditions: i) The petitioners-accused No.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- each with one local surety for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of their release; - 5 - NC: 2025:KHC:11464 WP No. 7556 of 2025 ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Investigating Officer as and when required; iv) The petitioners shall not involve in similar offences in future; v) The concerned Jail Authorities are hereby directed to release the petitioners forthwith without any delay and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any. vi) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BK List No.: 1 Sl No.: 160