- 1 - NC: 2025:KHC:17579 WP No. 11587 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 WRIT PETITION NO. 11587 OF 2025 (GM-RES) BETWEEN: 1. SRI SUJEESH M. K. S/O. LATE BOSE, AGED ABOUT 44 YEARS, R/AT. WINSOME HOUSE, TIRUVANGAD VILLAGE, KAVUMBHAGOM POST, THALASSERY THALUK, KANNUR DISTRICT, KERALA - 670 001. 2. SRI. JABBAR U Y S/O. YUSUF K Y, AGED ABOUT 38 YEARS, R/AT. KADANGAMARUR VILLAGE, ARAPATTU POST, VIRAJPET THALUK, KODAGU DISTRICT, KARNATAKA - 571 218. 3. SRI. MOHAMMAD KUNHI @ MAMMUNHI S/O. LATE ABUBAKKAR, AGED ABOUT 48 YEARS, R/AT. KADANGAMARUR VILLAGE, ARAPATTU POST, VIRAJPET THALUK, KODAGU DISTRICT, KARNATAKA-571 218. 4. SRI. JAMSHEER K. P., S/O. YUSUF, AGED ABOUT 37 YEARS, R/AT. KATMADAM HOUSE, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17579 WP No. 11587 of 2025 PINARAYI PANCHAYAT, UMMENCHIRA POST, KANNUR DISTRICT, KERALA - 670 663. 5. SRI. SHAMMAS C. V. S/O. LATE HASSAINAR, AGED ABOUT 32 YEARS, R/AT. DARUL HASSAN HOUSE, ERANHOLI VILLAGE, VADAKKUMBAD POST, THALASSERY THALUK, KERALA - 670 107. …PETITIONERS (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY VIRAJPET TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 PRAYING TO QUASH THE IMPUGNED ORDER DATED 17/11/2024 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGES COURT, KODAGU, MADIKERI (SITTING AT VIRAJPET) VIDE ANNEXURE-C, IN CRIME NO. 124/2024 CURRENTLY PENDING IN SPL. C. NO. 5004/2025 ON THE FILE OF LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGES COURT, KODAGU, MADIKERI (SITTING AT VIRAJPET), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 22(c) AND 20(b)(ii)(A) OF THE NDPS ACT, 1985, REGISTERED BY THE RESPONDENT POLICE AT VIRAJPET TOWN POLICE STATION, AT BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC:17579 WP No. 11587 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who were arrested on 17.11.2024 in Crime No.124/2024 registered by the Virajpet Town Police Station, Kodagu District, for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short "NDPS") are before this Court seeking relief. 2. Petitioners' primary contention is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India and for non-compliance of Section 52 of NDPS, as grounds of arrest were not served on the petitioners at the time of arrest. 3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State. 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, reported in - 4 - NC: 2025:KHC:17579 WP No. 11587 of 2025 (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 stand vitiated for violation of Article 22 (1) of the Constitution of India and Section 52 of the NDPS Act, and in such circumstances, the petitioners are entitled to be released from judicial custody. - 5 - NC: 2025:KHC:17579 WP No. 11587 of 2025 6. Accordingly, the petition is allowed. 7. The Jail Superintendent of District Prison, Madikeri District, is hereby directed to release the petitioners herein forthwith from judicial custody in Spl.C. No.5004/2025 (arising out of Crime No.124/2024, registered by the Virajpet Town Police Station) on the file of the learned II Additional District and Sessions Judge Court, Kodugu, Madikeri (Sitting at Virajpet), if they are not required in any other cases, subject to the following conditions: i) The petitioners-accused Nos.1 to 5 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each 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 their release; ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Trial Court as and when summoned; - 6 - NC: 2025:KHC:17579 WP No. 11587 of 2025 iv) 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.: 2 Sl No.: 4