Amal Kumar K.V vs State Of Kerala

The applicant, Amal Kumar K.V, was arrested for allegedly possessing 108.28 grams of MDMA, an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant's counsel argued that the arrest was illegal as the grounds of arrest were not communicated to the applicant. The court held that the requirement of informing the person arrested of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court found that the grounds of arrest were not properly communicated to the applicant, as the quantity of contraband seized was not mentioned. The applicant was entitled to be released on bail.

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