Shri Imran Miah v. The State of Tripura, 2026
Effective Communication of Grounds of Arrest Under Article 22(1)
Judgement Details
Court
High Court of Tripura
Date of Decision
23 September 2026
Judges
Justice S. Datta Purkayastha
Citation
Acts / Provisions
Facts of the Case
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The case arose from Kailashahar P.S. Case No. 46 of 2025, subsequently numbered as Special (NDPS) 05 of 2026, pending before the Special Judge, Unakoti District, Kailashahar.
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The accused Malik Miah was arrested on 28 September 2025 and remained in custody for approximately 300 days by the time of the bail hearing.
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Charges had been framed under Sections 21(c), 25, 27-A and 29 of the NDPS Act.
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The accused's earlier bail application, B.A. No. 27 of 2026, had been withdrawn.
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In the present application, the defence argued that the grounds of arrest had not been effectively communicated to the accused because they were communicated in English, whereas the accused did not understand English.
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During cross-examination, the arresting officer/PW-3 stated that the grounds of arrest had been communicated in English and that the accused had stated that he did not know English.
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The investigation record described the accused as uneducated and a carpenter.
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The prosecution argued that the accused had signed the memorandum of grounds of arrest in English and that the challenge to the communication of grounds of arrest was raised belatedly.
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The defence also pointed to differences between signatures appearing on the pre-search memo and the memorandum of grounds of arrest.
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By the time of the application, the informant, two independent seizure witnesses and the arresting officer had already been examined.
Issues
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Whether the grounds of arrest were effectively communicated to the accused in a language understood by him, as required by Article 22(1) of the Constitution.
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Whether merely obtaining the accused's signature on an English-language memorandum was sufficient to establish effective communication of the grounds of arrest.
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Whether the prosecution/Investigating Officer had discharged the burden of proving compliance with Article 22(1).
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Whether an established violation of Article 22(1) could constitute a ground for granting bail despite the stringent statutory restrictions applicable to offences under the NDPS Act.
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Whether the fact that the accused raised the issue of non-communication of grounds of arrest at a later stage prevented the Court from considering the constitutional violation.
Judgement
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The High Court allowed the bail application.
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The Court relied substantially on the Supreme Court's decisions in Mihir Rajesh Shah v. State of Maharashtra & Anr. and Vihaan Kumar v. State of Haryana & Anr. The Court noted that the grounds of arrest must be communicated effectively and, where communicated in writing, must be provided in a language understood by the arrested person.
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The memorandum of grounds of arrest was written in English.
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The arresting officer had stated that the accused did not know English.
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The investigation record described the accused as uneducated.
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The certificate accompanying the memorandum did not establish in what language or manner the grounds had actually been explained to him.
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The fact that the accused had placed a signature on an English document did not, by itself, establish that he had understood its contents.
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Consequently, the prosecution had failed to satisfactorily establish effective communication of the grounds of arrest.
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The Court therefore permitted the accused to be released on bail on furnishing a ₹1,00,000 bond with one surety of the like amount, subject to conditions.
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The conditions included non-interference with unexamined witnesses, furnishing a mobile number, not leaving Tripura without permission, regular attendance before the trial court and refraining from illegal activities under the NDPS Act.
Held
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The prosecution failed to satisfactorily prove that the grounds of arrest were effectively communicated to the accused in a language he understood. This amounted to non-compliance with the constitutional safeguard under Article 22(1).
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The High Court held that such a violation could provide a basis for grant of bail even in an NDPS case involving stringent statutory restrictions. The bail application was accordingly allowed, subject to conditions.
Analysis
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The judgment reinforces that an arrested person must not merely receive a formal document; the person must actually receive meaningful information about the grounds of arrest.
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The Court distinguished between obtaining a signature on an arrest document and establishing that the accused actually understood the grounds of arrest. A signature, particularly where the accused is recorded as uneducated and unable to understand English, does not automatically prove comprehension.
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Following the Supreme Court's reasoning in Mihir Rajesh Shah, the Court emphasized that the grounds of arrest must be communicated in a language understood by the arrestee.
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Relying on Vihaan Kumar, the Court recognized that when non-compliance with Article 22(1) is alleged, the Investigating Officer/agency bears the burden of demonstrating that the constitutional requirement was actually satisfied.
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The memorandum contained a certificate stating that the grounds had been informed and explained, but it did not specify the language or manner in which the explanation was given. The Court therefore found the certificate inadequate in the circumstances.
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The State argued that the accused had not raised the issue in his previous bail application. The Court held that the timing of such a plea is not by itself decisive, unless the plea is shown to be an afterthought, collusive, or otherwise unacceptable.
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The case is significant because the Court treated an established violation of a fundamental constitutional safeguard as capable of supporting release on bail even where the NDPS Act imposes stringent restrictions.
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Investigating agencies must ensure that the grounds of arrest are communicated in a manner that the particular accused can actually understand, and should maintain clear evidence of how, when and in what language the communication was made.
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The Court also considered that the accused had been in custody for a long period and that several important witnesses had already been examined. These circumstances formed part of the overall consideration while granting bail.