- 1 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5002 OF 2025 BETWEEN: OKEKE CHRISTOPHER OKWDILI, S/O OKKE EZEKIEL, AGED ABOUT 44 YEARS, R/AT NO. 68, VINAYAKANAGARA, NEAR CHIKKABANAVARA RAILWAY STATION, BENGALURU- 562130, NATIVE ADDRESS EZINIFITE VILLAGE, ANAMBRA CITY, NIGERIA (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. BALAKRISHNA M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SOLADEVANAHALLI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. MR. MADHU C V, FATHER S NAME NOT KNOWN TO THE PETITONER MAJOR IN AGE, POLICE SUB INSPECTOR, SOLADEVANAHALLI POLICE STATION, BENGALURU CITY - 562130. 3. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPANA AGRAHARA, BENGALURU - 560 100. …RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1. SET ASIDE AND QUASH THE ORDER OF ARREST DATED 16.01.2025 BY THE RESPONDENT NO. 1 POLICE AND ORDER OF REMAND DATED 17.01.2025 PASSED BY THE HON'BLE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU IN CRIME NO.15/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/SS. 8(c) AND 22(c) OF NDPS ACT AND NOW PENDING ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE FOR NDPS CASES, AT BENGALURU RURAL DISTRICT, BENGALURU SET AT LIBERTY 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 who has been charge sheeted for the offence punishable under Section 8(c) and 22(C) of NDPS Act is before this Court seeking relief. The petitioner was arrested on 16.01.2025 in Crime No.15/2025 registered for the aforesaid offences. Petitioner's contention is that grounds of arrest were not served on the petitioner at the time of arrest and therefore, the same stands vitiated for non-compliance of Section 52(1) of the NDPS Act, Section 47(1) of BNSS and Article 22(1) of the Constitution of India. - 3 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 2. Learned High Court Government Pleader for the State submitted that the arrest memo clearly discloses that the grounds of arrest were informed at the time of arrest and therefore, the same cannot be said to be arbitrary and illegal. 3. The perusal of the arrest memo indicates that except mentioning the crime number and the offences alleged against the petitioner grounds of arrest are not disclosed to the petitioner at the time of arrest. 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162, 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 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 - 4 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 arrest are not informed as soon as arrest takes place or may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1) of the constitution. It will also amount to depriving the arrestee of his personal liberty. The reason is that, as provided in Article 21 of the constitution, no person shall be deprived of his right to life or personal liberty except in accordance with the procedure established by law. 5. Since, the grounds of arrest were not served on the petitioner, the arrest stands vitiated for violating Article 22(1) of the Constitution of India. In these circumstances, the petitioner is entitled to be released from judicial custody forthwith. 6. In the light of foregoing, the arrest of the petitioner is in violation of Section 52(1) of the NDPS Act and Article 22(1) of the Constitution of India and the same stands vitiated for not complying with the mandatory - 5 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 provisions. Hence, the petition is allowed. The order of arrest dated 16.01.2025 issued by respondent No.1 and the order of remand dated 17.01.2025 passed by the Chief Judicial Magistrate (CJM) Bengaluru Rural District, Bengaluru in Crime No.15/2025 is hereby quashed. 7. The respondent No.3 is hereby directed to release the petitioner forthwith from the judicial custody in relation to Crime No.15/2025 registered by Soladevanahalli Police Station, subject to following conditions:- i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court; ii) The petitioner shall appear before the Trial Court as when summoned. iii) The petitioner shall not tamper with the prosecution witness. - 6 - NC: 2025:KHC:15668 CRL.P No. 5002 of 2025 iv) The Registry to communicate this order to respondent No.3 through electronic mail. v) Needless to state that the competent authority may pass an appropriate order under Section 3 of the Foreigners Act, 1946, if permissible in law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CHS List No.: 1 Sl No.: 1