Quick Summary: Muhammed Nashif U was arrested in July 2025 for having MDMA. After being released because of a mistake in the process, he was arrested again. The court has now granted him bail.
On July 20, 2025, Muhammed Nashif U, from Malappuram, was arrested along with another person in Palakkad for supposedly having 338.16 grams of MDMA. This led to charges under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Nashif was held for more than 24 hours before being brought to a judge, which broke Article 22(2) of the Indian Constitution. This article ensures that arrested people are brought before a judge within 24 hours.
"The person was brought before the judge after the 24-hour deadline, which is strict and important."
The Sessions Court in Palakkad recognized this mistake and ordered Nashif's release. However, he was immediately arrested again outside the prison and taken back into custody, which his lawyer argued was not allowed.
Nashif's lawyer, Sri. Sadik Ismayil, argued that the rearrest was against his client's rights. Referring to a Supreme Court case, he insisted that the arrest was not valid once the 24-hour rule was broken.
On the other side, the public prosecutor, Sri. M.P. Prasanth, justified the rearrest, mentioning rules that allow police action in certain situations.
On November 21, 2025, Justice C.S. Dias decided in favor of Nashif, pointing out the constitutional violation. The court decided to grant bail with several conditions:
"The arrest of the person is completely illegal because of breaking clause 2 of Article 22 of the Constitution of India."
The court's decision granted Nashif bail due to the violation of his constitutional rights, emphasizing the importance of following legal procedures to protect individual rights.
