- 1 - NC: 2025:KHC:15690 WP No. 11236 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 11236 OF 2025 (GM-RES) BETWEEN: 1. ARUNKUMAR @ GANJA ARUNKUMAR S/O LATE PURUSHOTHAMA, AGED ABOUT 41 YEARS, RESIDING AT NEAR WATER TANK, SHANTHI NAGARA, PANDAVAPURA TOWN MANDYA DISTRICT-571 425. …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: 1. STATE BY PANDAVAPURA POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE-560 001. 2. VIVEKANANDA H.R S/O NOT KNOWN AGED ABOUT 48 YEARS, P.I, PANDAVAPURA POLICE, MANDYA-571 434. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASHING THE FIR IN CRIME NO.20/2025 OF PANDAVAPURA POLICE, MANDYA ON Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15690 WP No. 11236 of 2025 THE FILE OF CIVIL JUDGE (JR.DN) AND JMFC COURT AT PANDAVAPURA. FOR THE OFFENCE P/U SECTION 20 (B) (II)-B AND 27(A) OF NDPS ACT. 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.1 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 was 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 was 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 petitioner was arrested on 27.01.2025 for having committed the alleged offences and at - 3 - NC: 2025:KHC:15690 WP No. 11236 of 2025 the time of arrest, the grounds of arrest was not disclosed to the petitioner. 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 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. ORDER: (i) Accordingly, the Petition is allowed. (ii) The Chief Superintendent of Prison, Mandya, is hereby directed to release the petitioner forthwith from judicial - 4 - NC: 2025:KHC:15690 WP No. 11236 of 2025 custody in Crime No.20/2025, pending on the file of learned Civil Judge (Jr.Dn) & JMFC Court, Pandavapura, 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: a) The petitioner-accused No.1 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; b) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; c) The petitioner shall appear before the Investigating Officer as and when required; d) The petitioner shall not involve in similar offences in future; e) 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. - 5 - NC: 2025:KHC:15690 WP No. 11236 of 2025 f) 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 HR No.: 4 Sl No.: 13