The Kerala High Court has denied bail to a 33-year-old man accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, observing that the grounds of arrest were properly intimated through a WhatsApp message.
Justice Kauser Edappagath, while hearing the bail plea of Shameem on February 12, noted that the arresting officer had communicated the grounds of arrest to the accused’s relative via WhatsApp after he declined to appear in person.
Court finds ‘substantial compliance’
The court observed that although the relative was initially asked over the phone to present himself before the arresting officer, he expressed unwillingness to do so.
“Accordingly, the grounds of arrest were intimated to him through a WhatsApp message. Hence, I am of the view that there is substantial compliance,” the court stated while rejecting the bail application.
The judge held that the procedural requirement of informing the accused’s relative about the grounds of arrest had been met, even though the communication was made digitally.
The order underscores how courts are increasingly recognising electronic communication methods, such as WhatsApp, as valid means of conveying official information, provided due procedure is followed.