- 1 - NC: 2025:KHC:12345 WP No. 8799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8799 OF 2025 (GM-RES) BETWEEN: 1. MOHAMMED AKBAR S/O MOHAMMED AJEEJ AGED ABOUT 30 YEARS R/AT NO 1118, 3RD STAGE MOMEEN NAGARA, KESARE MYSURU 570019 NOW IN JUDICIAL CUSTODY …PETITIONER (BY SRI. MAHADEV R K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER PANDAVAPURA POLICE STATION SRIRANGAPATNA SUB DIVISION MANDYA DISTRICT-571 434. 2. POLICE OFFICER PANDAVAPURA POLICE STATION MANDYA DISTRICT-571 434. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA PRAYING TO ALLOW THE PETITION AND QUASH THE IMPUGNED REMAND ORDER DTD 28.01.2025 IN CRIME NO. 20/2025 OF PANDAVAPURA POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SEC 20(b)(ii)B, 27(a) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PASSED Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12345 WP No. 8799 of 2025 BY THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE AT MANDYA VIDE ANNX-A AGAINST THE PETITIONER / ACCUSED NO. 4 ONLY AND ETC. 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/accused No.4 who is facing the trial for the offences punishable under Sections 20(b)(ii)(B), 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court seeking relief. 2. The Petitioner is arrested on 27.01.2025 in relation to Crime No.20/2025 for the aforesaid offences. It is the contention of the petitioner 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. - 3 - NC: 2025:KHC:12345 WP No. 8799 of 2025 4. Admittedly, the petitioner was 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 petitioner. 5. The Hon'ble Apex Court in the case of Vihaan 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 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 petitioner stands vitiated for violation of Article 22(1) of the Constitution of India. Therefore, petitioner has got a prima facie case to release him from judicial custody forthwith. - 4 - NC: 2025:KHC:12345 WP No. 8799 of 2025 7. Accordingly, this Petition is allowed. 8. The Chief Superintendent of Prison, Mandya, is hereby directed to release the petitioner-accused No.4 forthwith from judicial custody in Crime No.20/2025, pending on the file of learned Prl. District and 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 petitioner-accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum 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 future; v) The concerned Jail Authorities are hereby directed to release the petitioner-accused No.4 forthwith without any delay and immediately - 5 - NC: 2025:KHC:12345 WP No. 8799 of 2025 upon a receipt of copy of this order, if he is 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. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 14