- 1 - NC: 2025:KHC:14764 WP No. 9232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9232 OF 2025 (GM-RES) BETWEEN: 1. IFANYI HENRY OJIELO AGED ABOUT 32 YEARS S/O OJEILO R/AT ELECTRONIC CITY BANGALORE-560 100. PERMANENT RESIDENT OF AGUDA TOWN AND DISTRICT LAGOS STATE, NIGERIA-100 218. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER BANASWADI POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001. 2. KRISHNAPPA .G.N AGED ABOUT 50 YEARS FATHER NAME NOT KNOWN TO PETITIONER POLICE SUB INSPECTOR BANASWADI POLICE STATION BANGALORE-560 043. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14764 WP No. 9232 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ARREST NOTICE DATED 21/08/2025 ISSUED TO THE PETITIONER IN CRIME NO.611/2024 OF BANASWADI POLICE STATION FOR OFFENCE PUNISHABLE UNDER SECTION 22(C) OF NDPS ACT, NOW PENDING ON THE FILE OF THE HONBLE 11TH ACMM BANGALORE VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who has been charge-sheeted for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court seeking relief. 2. The petitioner was arrested in Crime No.611/2024 by the Banaswadi Police Station. 3. The petitioner's contention is that without disclosing the grounds of arrest, he was arrested and the same is in violation of the Article 22(1) of Constitution of India. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The state of Haryana & Anr. - in 2025 INSC 162, has reiterated 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 under the heading - 3 - NC: 2025:KHC:14764 WP No. 9232 of 2025 of fundamental rights. Thus, it is the fundamental right of every person arrested and 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 may be after the arrest, if 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, to effectively challenge the arrest. Article 21 of the Constitution states that no person can be deprived of his liberty, except in accordance with the procedure established by law. 4. In response, the learned High Court Government Pleader, for the respondent-State has placed on record the grounds of arrest. However, on perusal of grounds of arrest, it is indicated that there is no mention in relation to the crime committed by the petitioner and also the grounds of arrest were not served on the petitioner and the same is in violation of the Article 22(1) of Constitution of India. Therefore, the arrest of the petitioner stands vitiated for non-compliance of mandatory provision of law. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner herein is held to be illegal and without the authority of law. - 4 - NC: 2025:KHC:14764 WP No. 9232 of 2025 6. Accordingly, this petition is allowed. 7. The Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.611/2024, registered by the Banaswadi Police Station, now pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-33) for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the investigating officer as and when required; iv) The petitioner shall not involve in similar offences in the future; - 5 - NC: 2025:KHC:14764 WP No. 9232 of 2025 v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. vi) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order if he is not required for any other cases, if any. vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 40