Kerala High Court
Sameer Thadathil vs Central Board Of Indirect Taxes And ... on 14 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:22013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
BAIL APPL. NO. 3269 OF 2025
CRIME NO.524/2024 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS, CIAL,
NEDUMBASSERY, Ernakulam
AGAINST THE ORDER DATED 11.02.2025 IN Bail Appl. NO.1381 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
SAMEER THADATHIL
AGED 38 YEARS, S/O.ABOO THADATHIL,
THADATHI HOUSE, TC ROAD, TIRURANGADI P.O,
MALAPPURAM, PIN - 676 306.
BY ADV
SAYED MANSOOR BAFAKHY THANGAL
RESPONDENTS:
1 CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, KOCHI,
PIN - 683 111.
2 SUPERINTENDENT OF CUSTOMS
AIR INTELLIGENCE UNIT, AIR CUSTOMS, CIAL,
NEDUMBASSERY, KOCHI, PIN - 683 111.
BY ADV
SREELAL WARRIAR
NOUSHAD K.A., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:22013
B.A No.3269 of 2025
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3269 of 2025
-------------------------------
Dated this the 14th day of March, 2025
ORDER
This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No. 524/2024 of Air Intelligence Unit, Air Customs, Nedumbassery, Ernakulam. The above case is registered against the petitioner alleging offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. Prosecution case is that the petitioner and the other accused committed the offence alleged and one of the accused was found in possession of 7920 grams of Ganja.
2025:KER:22013 B.A No.3269 of 2025 3
4. Heard the counsel for the petitioner and the public Prosecutor. Learned Public Prosecutor seriously opposed the bail application.
5. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed.
Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions.
1) The petitioner will surrender before the Investigating Officer within two weeks 2025:KER:22013 B.A No.3269 of 2025 4 from today.
2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner. If arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself.
3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself.
2025:KER:22013 B.A No.3269 of 2025 5
4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also.
Sd/-
P.V.KUNHIKRISHNAN JUDGE AMR 2025:KER:22013 B.A No.3269 of 2025 6 APPENDIX OF BAIL APPL. 3269/2025 PETITIONER'S ANNEXURES Annexure 1 THE TRUE SCREENSHOT OF THE AIR TICKET ISSUED TO MR.FAVAS KAKKACHI KANDY. Annexure 2 THE TRUE PHOTOSTAT COPY OF RELEVANT PAGES OF ACCOUNT STATEMENT OF PETITIONER SHOWING RECEIPT OF RS.49,995-00 AND RS.20,000-00. Annexure 3 THE TRUE COPY OF THE ORDER DATED 11- 02-2025 PASSED IN B.A NO.1381 OF 2025 BY THIS HON'BLE COURT.
Annexure 4 THE TRUE COPY OF THE NOTICE DATED 27- 02-2025 ISSUED BY THE 2ND RESPONDENT.