- 1 - NC: 2025:KHC:17536 CRL.P No. 5490 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. 5490 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SEKA GHISLAIN TANO @ SEKA @ TANO MICHAEL AGED ABOUT 33 YEARS S/O SEKA, R/O 103/1, S-5, 2ND FLOOR, NEXT TO SLV APARTMENT, 7TH MAIN, BALAJI LAYOUT, HONGASANDRA, BANGALORE - 560 068. PERMANENT ADDRESS IVORY COAST, AFRICA NATIONAL - 225. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BY S.H.O, BOMMANHALLI POLICE STATION, BANGALORE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. V.D. SHIVARAJU, AGED ABOUT 45 YEARS, FATHER NAME NOT KNOWN TO THE PETITIONER POLICE INSPECTOR, ANTI-NARCOTICS WING, CENTRAL CRIME BRANCH, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17536 CRL.P No. 5490 of 2025 N.T. PETE, BENGALURU CITY, KARNATAKA-560 002. …RESPONDENTS (BY SRI. M. V. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE REMAND ORDER DATED 05.04.2024 IN CR.NO.129/2024 PASSED BY THE COURT OF CMM COURT, BENGALURU (NOW TRANSFERRED TO XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, SPL.JUDGE FOR NDPS CASES AND CONSEQUENTLY RELEASE THE PETITIONER FROM JUDICIAL CUSTODY FORTHWITH 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 was arrested in Crime No.129/2024 for the offences punishable under Sections 8(c), 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Section 14 of Foreigners Act, is before this Court seeking relief. 2. The petitioner's primary contention is that he was not served with grounds of arrest, and the same is in violation of Section 52 of NDPS Act, and Article 22(1) of the Constitution of India. 3. The learned High Court Government Pleader for the respondent-State, on receiving instructions, submitted that the petitioner was not served with grounds of arrest. - 3 - NC: 2025:KHC:17536 CRL.P No. 5490 of 2025 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, 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 petitioners stands vitiated for non-compliance of Sections 52 of the NDPS Act and Article 22(1) of the Constitution of India, and in such circumstances, the petitioner is entitled to be released from judicial custody. 6. Accordingly, the petition is allowed. - 4 - NC: 2025:KHC:17536 CRL.P No. 5490 of 2025 7. The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner forthwith from judicial custody in Special CC No.1956/2024 pending on the file of the learned XXXIII Additional City Civil and Sessions Judge, Special Judge for NDPS Cases at Bengaluru (CCH-33), arising out of Crime No.129/2024 registered by the Bommanahalli Police Station, subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one 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 Trial Court as and when required; iv) The petitioner shall not involve in similar offences in the future; v) The petitioner shall not leave the territorial limits without prior permission of the Trial Court. 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. - 5 - NC: 2025:KHC:17536 CRL.P No. 5490 of 2025 Liberty is granted to the competent Authority to pass an appropriate order under Section 3 of the Foreigners Act Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 1