Two Accused In 2.7-Kg Suspected Amphetamine Case Get Bail As Madras HC Finds Arrest Memo Failed To Communicate Specific Grounds of Arrest

The petitioners, arrayed as accused in an NCB case under Sections 8(c), 22(c), 28 and 29(1) of the NDPS Act, were arrested on 22 June 2024 in connection with the alleged possession and transportation of 2.700 kg of suspected amphetamine.

They challenged the remand order, contending that the grounds of arrest had not been properly communicated.

The arrest memo stated the alleged offences but, according to the petitioners, did not provide sufficient grounds to enable them to challenge their arrest.

Article 22(1) requires that a person arrested be informed of the grounds of arrest in a manner that effectively communicates sufficient knowledge of the basic facts, in a language the person understands; the arresting agency bears the burden of proving compliance.

Under Vihaan Kumar v. State of Haryana, relying on principles stated in Prabir Purkayastha v. State (NCT of Delhi), non-compliance with Article 22(1) violates Articles 22(1) and 21, vitiates the arrest and subsequent remand orders, and may warrant release notwithstanding statutory restrictions on bail.

The petition was brought under Section 528 of the BNSS.

The Court found that the arrest memo identified the alleged offence and included some information about the case, but did not disclose material particulars, including facts relating to the search and seizure, the petitioners’ statements under Section 67 of the NDPS Act, the alleged incriminating statements, and the reasons for arrest.

In the Court’s view, the information was therefore insufficient to enable the petitioners to understand and effectively challenge the grounds of arrest or seek bail.

Applying Vihaan Kumar, the Court held that the communication did not satisfy Article 22(1), rendering the petitioners’ custody illegal.

The Court ordered the petitioners’ release on bail upon each furnishing a bond of ₹25,000 with two sureties for the like sum, subject to conditions including daily reporting before the trial court at 10:30 a.m.