Accused's arrest deemed illegal due to failure in communicating arrest grounds in a language he understands, bail granted with strict conditions.
In a significant ruling, the Tripura High Court has granted bail to Malik Miah, an accused under the NDPS Act, citing improper communication of the grounds of arrest. The decision, delivered by Justice S. Datta Purkayastha, emphasized the constitutional mandate that the grounds of arrest must be communicated effectively in a language that the accused understands.
Malik Miah was arrested on 28th September 2025 under charges related to the possession of contraband items. The arrest was challenged on the basis that the grounds were communicated in English, a language the accused does not understand, thereby rendering the arrest illegal. The arresting officer admitted during cross-examination that the accused did not understand English, and there was no evidence of the grounds being communicated in any other language.
The court's decision leaned heavily on precedents set by the Supreme Court in cases like Mihir Rajesh Shah v. State of Maharashtra and Vihaan Kumar v. State of Haryana, which mandate that the communication of arrest grounds be made in a language comprehensible to the accused. The court noted that the prosecution failed to demonstrate effective communication, as required by Article 22(1) of the Constitution.
The court ordered Malik Miah's release on bail, with conditions aimed at ensuring his presence during trial and preventing any interference with the judicial process. These include furnishing a bond of Rs. 1,00,000, regular court attendance, and restrictions on leaving the state without permission.
This judgment underscores the judiciary's commitment to upholding constitutional rights and ensuring fair legal processes, particularly in cases involving serious charges under the NDPS Act.
Bottom line:-
Grounds of arrest must be communicated effectively to the accused in a language he/she understands, as mandated by Article 22(1) of the Constitution and reinforced by judicial precedents. Failure to do so can render the arrest and remand illegal, justifying the grant of bail.
Statutory provision(s): Article 22(1) of the Constitution, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, NDPS Act, 1985 Sections 21(c), 25, 27-A, 29
Sri Imran Miah v. State of Tripura, (Tripura) : Law Finder Doc id # 2944657
