The Kerala High Court ruled that police must give written grounds of arrest to both the accused and their relatives, not just inform them over a phone call. Failure to do so makes the arrest illegal and can lead to bail, even in serious NDPS cases.
The Supreme Court ruled that police must give every arrested person written grounds of arrest in a language they understand, under Article 22(1) of the Constitution.
Failure to do so will make the arrest and remand illegal, the Court held in Mihir Rajesh Shah v. State of Maharashtra.
