Karnataka High Court
Irshad vs Superitendent Of Customs on 20 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:21522
CRL.P No. 7358 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7358 OF 2025
BETWEEN:
IRSHAD
S/O SHRI ISAC
AGED ABOUT 32 YEARS,
R/AT NO.15-56/8
PALLAMAJAL HOUSE,
MODANKAPU POST
BANTWAL
D.K. DISTRICT - 574 219
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
SUPERITENDENT OF CUSTOMS
AIR INTELLIGENCE UNIT,
Digitally signed by KEMPEGOWDA INTERNATIONAL AIRPORT
HARIKRISHNA V TERMINAL-2, DEVANAHALLI,
Location: HIGH BANGALORE - 562 110
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI MADHU N. RAO, SPL.PP)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.21/2025 OF
SUPERINTENDENT OF CUSTOMS, AIR INTELLIGENCE UNIT,
KEMPEGOWDA INTERNATIONAL AIRPORT, TERMINAL-2,
DEVANAHALLI, BANGALORE, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 135(1)(a) AND 135(1)(b) OF THE CUSTOMS
ACT, 1962, ON THE FILE OF SPECIAL COURT FOR ECONOMIC
OFFENCES ACT, BANGALORE.
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NC: 2025:KHC:21522
CRL.P No. 7358 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.21/2025 registered by Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport Terminal-2, Devanahalli, Bangalore for the offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs act, 1962 is before this Court under Section 483 of the BNSS, 2023, seeking regular bail.
2. Heard learned counsel for the petitioner and learned Special Public Prosecutor appearing for the respondent who has filed a statement of objection.
3. It is the case of the prosecution that based on the credible information, the petitioner herein who was travelling from Jeddah to Bangalore on 20.04.2025 was carrying contraband article in the bag which he was -3- NC: 2025:KHC:21522 CRL.P No. 7358 of 2025 HC-KAR carrying, allegedly had intercepted him at the airport and from the water bottle carton which the petitioner had with him, 6 gold bars totally weighing 5,980.00 grams worth about of Rs.5,63,91,400/- was recovered and the petitioner was arrested and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Court in Crl.Misc.No.3582/2025 which was rejected on 12.05.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that maximum punishment for the alleged offences is imprisonment for a period for 7 years. Petitioner was arrested on 20.04.2025 and till date chargesheet is not filed. Therefore, petitioner is entitled for statutory bail as provided under Section 187(3) of BNSS, 2023.
5. Learned Special Public Prosecutor appearing for the respondent who has opposed the petition, however, -4- NC: 2025:KHC:21522 CRL.P No. 7358 of 2025 HC-KAR does not dispute submission made by the learned counsel for the petitioner.
6. Section 187(2) and 187 (3) of BNSS, 2023 reads as follows:
"(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section(3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
(3) The Magistrate may authorize the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this sub-section for a total period exceeding:--5-
NC: 2025:KHC:21522 CRL.P No. 7358 of 2025 HC-KAR
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;
(ii) Sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on the bail if he is prepared to and does furnish bail, and every person released on bail under this sub-
section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter."
7. Undisputedly the maximum punishment for the offences alleged against the petitioner is imprisonment for a period of 7 years. Therefore, chargesheet is required to be filed within the period of 60 days from the date accused is remanded to judicial custody. In the present case, undisputedly the prosecution has not filed the chargesheet within the stipulated time as provided under Section 187(3) of BNSS, 2023. Therefore, the petitioner is entitled -6- NC: 2025:KHC:21522 CRL.P No. 7358 of 2025 HC-KAR for statutory bail as provided under Section 187(3) of BNSS, 2023. Accordingly, the following order, ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.21/2025 of Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport, Terminal-2, Devanahalli, Bangalore registered for the offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs act, 1962, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;-7-
NC: 2025:KHC:21522 CRL.P No. 7358 of 2025 HC-KAR
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE CR List No.: 1 Sl No.: 58