Kerala High Court
Shahana Mambai vs Inspector Of Customs on 23 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54414
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
BAIL APPL. NO. 8523 OF 2025
CRIME NO.16/2025 OF AIR INTELLIGENCE UNIT, AIR
CUSTOMS, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM.
PETITIONER:
SHAHANA MAMBAI,
AGED 21 YEARS,
D/O USMAN MAMBAI, MAMBAI HOUSE,
MANJALPARA, KERALA ESTATE.P.O,
MALAPPURAM DISTRICT, PIN - 676 525.
BY ADV SRI.P.M.RAFIQ
RESPONDENTS:
1 INSPECTOR OF CUSTOMS
AIR INTELLIGENCE UNIT,
THIRUVANANTHAPURAM INTERNATIONAL AIRPORT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. P.G. JAYASHANKAR, SPL. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8523 of 2025
2025:KER:54414
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8523 of 2025
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Dated this the 23rd day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in O.S. No.16 of 2025 of Air Intelligence Unit, Air Customs, Thiruvananthapuram, registered for the offences punishable under sections 8(c), 21(b) and 23(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, the first accused was found in possession of 10 hydroponic weed weighing 6143.78 grams and second accused in possession of eight packets of dried leaf- like material weighing 3920.08 grams and thereby the accused committed the offences alleged. Petitioner was arrested on 01.06.2025, and she has been in custody since then.
4. I have heard Sri.Rafiq P M., the learned counsel for the petitioner as well as Sri.P.G.Jayashankar, the learned Special Public Prosecutor.
5. The learned Counsel for the petitioner contended that Bail Appl. No.8523 of 2025 2025:KER:54414 -3- the prosecution allegations are false and that since petitioner had been in custody from 01.06.2025, she ought to be released on bail.
6. The learned Special Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.
7. Petitioner is a 21 year old girl, who is alleged to have committed a serious offence. Since the nature of contraband seized is found to be hydroponic weed and packets of dried leaf and the seized quantity falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. As the petitioner has been in custody from 01.06.2025 and as there is no possibility of an immediate trial, I am of the view that her further detention is not necessary. Therefore, petitioner ought to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.Bail Appl. No.8523 of 2025
2025:KER:54414 -4-
(d) Petitioner shall not commit any similar offences while she is on bail.
(e) Petitioner shall not leave India 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 ADS Bail Appl. No.8523 of 2025 2025:KER:54414 -5- APPENDIX OF BAIL APPL. 8523/2025 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF THE ORDER IN C.M.P.NO.2490/2025 DATED 28.06.2025 OF THE COURT OF ADDITIONAL SESSIONS JUDGE-I, THIRUVANANTHAPURAM.