- 1 - NC: 2025:KHC:17547 CRL.P No. 5195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5195 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. KOUASSI JULES N GUESSAN AGED 36 YEARS S/O BEFORD R/AT NO.2 1ST FLOOR 1ST A CROSS NARASAPPA LAYOUT MEDARAHALLI RR COLLEGE RAOD NEAR RAILWAY GATE KR PURAM BANGALORE- 560090 PERMANENT RESIDENT OF IVORY COST COUNTRY. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION REPRESENTED BY SPECIAL STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE- 560001. 2. LAKSHMINARAYANA K AGED ABOUT 45 YEARS FATHER NAME NOT KNOWN TO THE PETITIONER POLICE INSPECTOR NARCOTICS CONTROL BUREAU, CCB BENGALURU-560053. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE REMAND ORDER DATED 23.11.2024 IN CR.NO.463/2024 OF SOLADEVANAHALLI P.S. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17547 CRL.P No. 5195 of 2025 PASSED BY THE COURT OF C.J.M BENGALURU RURAL DISTRICT BENGALURU (NOW TRANSFERRED TO VIII ADDL.DISTRICT AND SESSIONS JUDGE SPL.JUDGE FOR NDPS CASES) BENGALURU RURAL DISTRICT BENGALURU) AND CONSEQUENTLY RELEASE THE PETITIONER FROM JUDICIAL CUSTODY FORTHWITH. 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 was arrested on 23.11.2024 in Crime No.463/2024 registered by the Soladevanahalli Police Station, Bangalore Rural District, for the offences punishable under Section 8(c), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short "NDPS"), and Section 14 of Foreigners Act, is before this Court seeking relief. 2. Petitioner's primary contention is that, he was not served with the grounds of arrest, and the same is in violation of Section 52 of NDPS Act, and Article 22(1) of the Constitu 3 The learned High Court Government Pleader for the respondent - State on receiving instructions, submitted that the petitioner was not served with the grounds of arrest. 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, - 3 - NC: 2025:KHC:17547 CRL.P No. 5195 of 2025 reported in (2025) 2 SCR 424 has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a mere 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 - who is 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, it would amount to a violation of the fundamental right of the arrestee as 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. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and Section 52 of the NDPS Act, and in such circumstances, the petitioner is entitled to be released from judicial custody. 6. Accordingly, the petition is allowed. - 4 - NC: 2025:KHC:17547 CRL.P No. 5195 of 2025 7. The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner herein forthwith from judicial custody in Crime No.463/2024, registered by the Soladevanahalli, Police Station on the file of the learned Chief Judicial Magistrate, Bangalore Rural District, Bangalore, now transferred to VIII Additional District and Sessions Judge, Special Judge for NDPS cases, Bangalore, if he is not required in any other cases, subject to the following conditions: i) The petitioner-accused herein shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum of which, one will be the Local Surety 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 summoned; iv) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of - 5 - NC: 2025:KHC:17547 CRL.P No. 5195 of 2025 this order if he is not required for any other cases, if any; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer; vi) The petitioner shall not involve in similar offences in the future; vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. viii) Liberty is reserved with the Competent Authority to pass an appropriate order under Section 3 of the Foreigners Act. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 7