Kerala High Court
Kavitha Rajeshkumar vs Union Of India on 22 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:63960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
BAIL APPL. NO. 9448 OF 2025
CRIME NO.147/2025 OF AIR CUSTOMS, CALICUT INTERNATIONAL
AIRPORT, KOZHIKODE
PETITIONER/ACCUSED NO.2:
SIMI BALAKRISHNAN
AGED 39 YEARS
D/O. LATE MOHANAN,
KANNAMKULATH HOUSE,
VATTAPPINNY (P.O), NEDUPUZHA,
THRISSUR DISTRICT, PIN - 680007
BY ADVS.
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENT/COMPLAINANT:
UNION OF INDIA
REPRESENTED INSPECTOR OF CUSTOMS,
AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT,
REP. BY STANDING COUNSEL,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
BY ADV. SREELAL.N.WARRIER
SPECIAL PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.08.2025, ALONG WITH Bail Appl.NO.9792/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:63960
B.A. Nos.9448 & 9792 of 2025
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
BAIL APPL. NO. 9792 OF 2025
CRIME NO.147/2025 OF AIR CUSTOMS, CALICUT INTERNATIONAL
AIRPORT, KOZHIKODE
PETITIONER/ACCUSED NO.3:
KAVITHA RAJESHKUMAR
W/O. RAJESHKUMAR,
69E, MUTHUMARIYAMMAN KOVIL STREET,
METTUPALAYAM ROAD,
COIMBATORE, TAMIL NADU., PIN - 641043
BY ADVS.
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENT/COMPLAINANT:
UNION OF INDIA
REPRESENTED INSPECTOR OF CUSTOMS,
AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT,
REP. BY STANDING COUNSEL,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
BY ADV. SREELAL.N.WARRIER
SPECIAL PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.08.2025, ALONG WITH Bail Appl.NO.9448/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:63960
B.A. Nos.9448 & 9792 of 2025
-:3:-
BECHU KURIAN THOMAS, J.
------------------------------------------
B.A. Nos.9448 & 9792 of 2025
------------------------------------------
Dated this the 22nd day of August, 2025
COMMON ORDER
These bail applications are filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners in these two bail application are accused 2 and 3 in O.R. No.147 of 2025 of Air Customs, Calicut International Airport, Kozhikode, registered for the offences punishable under Sections 20(b)
(ii)(C), 22(c), 23(c), 28 and 29 r/w Section 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 13.05.2025 at about 11.45 pm, at the Customs Baggage Hall of Calicut International Airport, suspecting possession of contraband with accused Nos. 1 to 3, concealed in the checked-in baggages while arriving at Calicut International Airport on Air Asia flight AK 33, contraband of 11.047 kilograms of Hydroponic ganja and chocolate and other edible items laced with Amphetamine weighing 4.922 kilograms were recovered from the possession of the first accused, 11.178 kilograms of Hydroponic ganja and 4.70 kilograms of chocolate and other edible items laced with Amphetamine narcotic was seized from the possession 2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:4:- of the second accused, 11.504 kilograms of Hydroponic ganja and 4.195 kilograms of chocolate and other edible items laced with Amphetamine from the possession of the third accused, and thereby the accused committed the offences alleged.
4. Heard Sri. Vivek Venugopal, the learned Counsel for the petitioners, Sri. Sreelal N. Warrier, the learned Special Public Prosecutor.
5. The learned Counsel for the petitioners in both the above applications submitted that the accused was taken into custody on 13.05.2025 at 11.45 pm, while the arrest was recorded at 10.00 am on 15.05.2025. It was also submitted that the accused was produced before the Magistrate at 05.30 pm on the same day. The learned counsel also pointed out that the accused had been detained beyond 24 hours in violation of the constitutional provisions. Referring to the decision in Biswajit Mandal vs. Inspector, Narcotic Control Bureau [2025 KER 60624], it was submitted that the accused are entitled to be released on bail in view of the illegality in the arrest.
6. An objection was filed by the respondent pointing out the nature of offences alleged and the manner in which the arrest was effected. The respondent specifically alleged that the accused had arrived at Calicut International Airport at 11.45 pm on 13.05.2025 by Air 2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:5:- Asia flight AK 33 from Bangkok via Kuala Lumpur and that they were carrying contraband in their bags. It is specifically stated in paragraph 3 of the objection as follows:
"3. The contention of the accused that she was not produced before the Hon'ble magistrate within the stipulated time of 24 hours after the arrest is not correct. It is submitted that the recovery and seizure of the narcotic goods under a mahazar after thorough examination of her baggage was effected at 3 PM on 14.05.2025. Thereafter, summons under Sec.67 of the NDPS Act was issued to the accused and she gave a detailed statement about the commission of the offence. The accused was arrested and taken into custody only at 10.00 hrs on 15.05.2025 and the accused was produced before the Hon'ble Court at 05.30 PM on the same day, within the stipulated time prescribed."
7. The learned Special Public Prosecutor, on behalf of the respondent, submitted that the contentions raised by the petitioners are without any basis, and the accused have been legally arrested, and there is no reason to enlarge them on bail.
8. On a consideration of the rival contentions, it is noticed that the case of the prosecution itself is that the accused arrived at Calicut International Airport at 11.45 pm on 13.05.2025, and on suspicion that they were carrying contraband, their checked-in baggages were seized and subjected to examination. In the objection filed by the respondent, it is mentioned that the baggages were seized 2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:6:- on suspicion, which could only have been on 13.05.2025 or in the early hours of the next day. The statement in paragraph 3 extracted earlier indicates that the examination of petitioners baggage was completed at 3.00 pm on 14.05.2025, and thereafter, a summons was issued to them for giving their statement. The accused was later arrested at 10.00 hrs on 15.05.2025. However, there is nothing evident from the objection of the respondent that from 11.45 pm on 13.05.2025 till 10.00 am on 15.05.2025, the accused was at liberty. Since the petitioners landed at 11.45 pm and their baggages were being subjected to verification, obviously they would have been under detention or under the custody of the respondent. Hence from 11.45 pm on 13.05.2025 or soon thereafter till their arrest was recorded at 10.00 am on 15.05.2025, petitioners were under custody until they were produced before the Magistrate at 05.30 pm. As observed by this Court in Biswajit Mandal (Supra), the date and time of detention has to be reckoned from the time when an accused was initially taken into custody. In the instant case, it has to be treated as 11.45 pm on 13.05.2025 immediately after.
9. In view of the above, I am satisfied that petitioners were kept in detention beyond a period of 24 hours without any authority. Hence, the arrest of the accused being illegal, they are entitled to be released on bail 2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:7:-
10. Accordingly, these bail applications are allowed on the following conditions:-
(a) Petitioners shall be released on bail on them executing a bond for Rs.1,00,000 (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave the State of Kerala without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/22.08.25.
2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:8:- APPENDIX OF BAIL APPL. 9448/2025 PETITIONER'S ANNEXURES Annexure 1 TRUE PHOTO COPY OF THE GROUNDS OF ARREST GIVEN TO THE PETITIONER DATED 15.05.2025 Annexure 2 TRUE PHOTO COPY OF THE ARREST MEMO DATED 15.05.2025 Annexure 3 TRUE PHOTOCOPY OF THE ORDER DATED 04.07.2025 IN B.A.NO.6366/2025 Annexure 4 TRUE PHOTO COPY OF THE COMMON ORDER PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL.M.P. NO. 732/2025 DATED 17.07.2025 2025:KER:63960 B.A. Nos.9448 & 9792 of 2025 -:9:- APPENDIX OF BAIL APPL. 9792/2025 PETITIONER'S ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED 04.07.2025 IN B.A.NO.6366/2025 PASSED BY THIS HON'BLE COURT Annexure 2 TRUE PHOTO COPY OF THE COMMON ORDER PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL.M.P. NO. 764/2025 DATED 17.07.2025