OWUSU COLLINUS GHANIAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 483 of BNSS praying to grant bail in Crime No.109/2025 of Kothanuru Police Station registered for the offence punishable under Sec. 22(c), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Sec. 14 of Foreigners Act.

(2.) Heard learned counsel for petitioner and learned counsel for respondent.

(3.) Learned counsel for the petitioner would contend that the petitioner is having Passport and Visa and it was valid as on the date of alleged offence and therefore, offence under Sec. 14 of Foreigners Act is not attracted. Learned counsel submits that petitioner is seeking bail only on the ground that grounds of arrest have not been communicated as required under Article 22(1) of Constitution of India, Sec. 47 of BNSS and Sec. 52(1) of NDPS Act. The restrictions contained in Sec. 37 of NDPS Act for grant of bail does not apply since grounds of arrest are not communicated to the petitioner in the language known to him. Learned counsel has placed reliance on the following decisions: