Intimating Arrest Grounds On WhatsApp Sufficient When Relative Unwilling To Appear: Kerala High Court Denies Relief To NDPS Accused

The Kerala High Court recently denied bail to an NDPS accused on finding that there is prima facie material to connect him to the offence and that the mandatory requirement of communication of grounds of arrest to relative was substantial complied with.Dr. Justice Kauser Edappagath noted that as per the remand report, the accused's relative was asked to appear before the arresting officer over phone but since he was not willing, a Whatsapp message was sent informing about the grounds of arrest. This, the judge felt, amounted to sufficient compliance of the statutory mandate.The Court observed:“even though the relative was asked over the phone to appear before the arresting officer, he expressed his unwillingness to appear. Accordingly, the grounds of arrest were intimated to him through a WhatsApp message. Hence, I am of the view that there is substantial compliance. Therefore, the applicant is not entitled to be released on bail.”The bail application was preferred by the sole accused in a NDPS case. He was found in possession and transportation of around 95.93 grams of MDMA in a car near Muthanga Police Check Post. He was arrest and a crime was registered alleging offences under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.The counsel argued that the mandatory requirement of communication of grounds of arrest as not done in this case, violating Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Therefore, it was contended that the arrest was illegal and the accused is to be released on bail.The prosecution opposed the plea and pointed out that all formalities as mandated by law are complied with.The Court noted that there are prima facie materials on record to connect the accused with the offence but went on to consider the question of communication of grounds of arrest.Looking at the provisions and the Apex Court/High Court decisions on the subject, the Court remarked that communication of written grounds of arrest is a mandate required by law. Since the accused's relative was informed through call about the arrest and thereafter, a Whatsapp messaged was sent intimating the grounds, the Court felt that this amounted to substantial compliance of the communication of grounds of arrest. Thus, it dismissed the bail application.Case No: Bail Appl. No. 723 of 2026Case Title: Shameem v. State of Kerala and Anr.Citation: 2026 LiveLaw (Ker) 110Counsel for the applicant: P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R. Gayathri, M. Mahin Hamza, Alwin Joseph, Benson AmbroseCounsel for the respondents: M.C. Ashi - Sr. Public ProsecutorClick to Read/Download Order

Intimating Arrest Grounds On WhatsApp Sufficient When Relative Unwilling To Appear: Kerala High Court Denies Relief To NDPS Accused

K. Salma Jennath

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