Article 22(1) Constitution Archives

Quantity of substance not required in NDPS arrest

Informing role and grounds of arrest sufficient in NDPS case with no contraband recovery; quantity need not be conveyed: Kerala HC

“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”

Case Briefs High Courts

‘No grounds for arrest communicated in arrest intimation or memo’; Kerala HC grants bail in NDPS case

“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”

Case Briefs High Courts

Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused

From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.