Case Note & Summary
The applicant, Shibraj (Shivraj) @ Rahul S/o Rankadhar Mallik, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985, in connection with Crime No. 1086/2025 registered at Police Station Katol, Dist. Nagpur Rural. The prosecution alleged that after receiving information and obtaining requisite permissions, authorities raided the residence of one Ramesh Gajbhiye, where three persons were present. Upon entering, officials found 34 packets containing suspected ganja, totaling 33.600 kg, which was seized. The three accused were arrested, and based on this information, an FIR was lodged. The applicant was subsequently arrested. The sole ground raised by the applicant's counsel was the contravention of Article 22(1) of the Constitution of India. It was submitted that the grounds of arrest were communicated to the applicant in Marathi, but the applicant is a permanent resident of Orissa, runs a hotel business there, and does not understand Marathi. Therefore, the grounds of arrest were not communicated in a language he understands, violating his fundamental right. The learned APP conceded to this fact. The court, relying on the Supreme Court judgment in Mihir Rajesh Shah v. State of Maharashtra, (2026) 1 SCC 500, held that the failure to communicate the grounds of arrest in a language understood by the applicant amounts to a violation of Article 22(1). Consequently, the court allowed the bail application and directed the applicant's release on bail on such terms and conditions as the trial court may impose.
Headnote
A) Constitutional Law - Fundamental Rights - Article 22(1) of the Constitution of India - Right to be Informed of Grounds of Arrest - The applicant, a permanent resident of Orissa who runs a hotel business there, was arrested and the grounds of arrest were communicated to him in Marathi, a language he does not understand. The court held that this constitutes a violation of Article 22(1) as the grounds were not communicated in a language understood by the accused. Relying on Mihir Rajesh Shah v. State of Maharashtra, (2026) 1 SCC 500, the court granted bail. (Paras 4-6)
Issue of Consideration
Whether the failure to communicate the grounds of arrest in a language understood by the applicant (a resident of Orissa who does not understand Marathi) violates Article 22(1) of the Constitution of India, entitling him to bail.
Final Decision
Bail application allowed. The applicant is directed to be released on bail on such terms and conditions as the trial court may impose.
Law Points
- Article 22(1) of the Constitution of India
- grounds of arrest must be communicated in a language understood by the accused
- bail granted for violation of fundamental right
