Kerala High Court
Manvi Choudhary vs Union Of India on 20 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:34413
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 20TH DAY OF MAY 2025/30TH VAISAKHA, 1947
BAIL APPL. NO. 6232 OF 2025
CRIME NO.57/2025 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS,
CIAL, NEDUMBASSERY, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED
IN BAIL APPL. NO.5240 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
MANVI CHOUDHARY,
AGED 27 YEARS,
D/O INDER SAIN CHOUDHARY, 1-D-26,
JAWAHAR NAGAR, GANGANAGAR, RAJASTAN,
PIN - 335 001.
BY ADVS.
NAVANEETH.N.NATH
ABHIRAMI S.
ABDUL LATHEEF P.M.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE DEPUTY SOLICITOR GENERAL,
HIGH COURT OF KERALA, ERNAKULAM, KERALA,
PIN - 682 031.
2 INTELLIGENCE OFFICER,
AIRPORT INTELLIGENCE UNIT, CIAL COCHIN,
REP BY THE SPECIAL PUBLIC PROSECUTOR,
AIRPORT INTELLIGENCE UNIT, CIAL COCHIN,
PIN - 683 111.
BAIL APPL. NO. 6232 OF 2025
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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
20.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6232 OF 2025
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BECHU KURIAN THOMAS., J
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Bail Appl. No.6232 of 2025
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Dated this the 20th day of May, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in O.R. No. 57/2025 of Air
Intelligence Unit, Air Customs, CIAL, Nedumbassery. She is alleged
to have committed offences punishable under sections 20(b)ii(B),
23(b), 28 and 29 of the NDPS Act, 1985.
3. The prosecution case is that on 19.03.2025, at around
12.45 am, the accused was found in possession of 7450 grams of
hybrid Ganja at the exit gate of Cochin International Airport and
thereby she committed the offences alleged.
4. Sri. Navaneeth N. Nath, the learned counsel for the
petitioner submitted that already a period of more than 60 days
elapsed since the petitioner was arrested on 19.03.2025 and
therefore she is entitled to be released on statutory bail. The
decision in Mohammed Sajid v. State of Kerala [2025 (2) KHC
260] has been relied upon to justify the aforesaid proposition.
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5. Sri. Sreelal N. Warrior, the learned Standing Counsel
appearing on behalf of the 2nd respondent submitted that the
proposition laid down in Mohammed Sajid's case requires
reconsideration. It is also submitted that the investigation is yet to
be completed and that petitioner is required to be detained further.
6. On a consideration of the rival contentions, this Court
notices that the learned Single Judge in Mohammed Sajid's case
(supra) had compared the phraseology used in Section 187(3)(i) of
BNSS as well as the phraseology used in Section 167(2)(a)(i) of
Cr.P.C and came to the conclusion that, even for offences punishable
up to 10 years, the concept of statutory bail will be available on
completion of 60 days, if the final report has not been filed. In
coming to the above conclusion, the observations of the Supreme
Court in Rakesh Kumar Paul v. State of Assam [(2017) 15 SCC
67] was relied upon apart from the decision of the Karnataka High
Court in State of Karnataka by Kavoor Police Station v.
Kalanthar Shafy [2024 KHC Online 5417].
7. Though initially this Court entertained a doubt about the
correctness of the above proposition, on a perusal of the dictum laid
down by the Supreme Court in Rakesh Kumar's case (supra), this
Court is of the considered view that the proposition in Mohammed
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Sajid (supra) does not require any reconsideration. The words
'imprisonment for a term of 10 years or more' in Section 187(3)(i) of
BNSS, do indicate that there must be a minimum sentence of
imprisonment of 10 years and not a period of imprisonment upto 10
years. Since I am in consonance with the decision in Mohammed
Sajid's case (supra), the petitioner is entitled to be released on
statutory bail as sixty days have elapsed since his arrest and the
final report has not yet been filed.
8. Accordingly this bail application is allowed and the
petitioner is released on bail on the following conditions;
(a) Petitioner shall execute 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 and shall co-operate with the investigation
and trial of the case.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall she attempt to tamper with the
evidence.
(d) Petitioner shall not commit any similar offences while
she is on bail.
(e) Petitioner shall not leave the Country without the
permission of the jurisdictional Court.
(f)Petitioner shall provide the mobile numbers and other
contact numbers apart from her permanent residential
address to the investigating officer.
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In case of violation of any of the above conditions, the
investigating officer will be at liberty to approach the jurisdictional
Court shall be empowered to consider the application for
cancellation of bail, if any, and pass appropriate orders in
accordance with the law, notwithstanding the bail having been
granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
BAIL APPL. NO. 6232 OF 2025
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APPENDIX OF BAIL APPL. 6232/2025
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE OCCURRENCE REPORT
DATED 19.03.2025 FILED BY THE 2ND
RESPONDENT BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT, ANGAMALY.
Annexure B A TRUE COPY OF THE APPLICATION FOR REMAND
FILED BY THE 2ND RESPONDENT BEFORE THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT OF ANGAMALY DATED 19.03.2025.
Annexure C A TRUE COPY OF THE ORDER DATED 03.04.2025
PRONOUNCED BY THE HON'BLE SESSIONS COURT,
ERNAKULAM DIVISION IN CRL.MC NO. 868 OF
2025.
Annexure D A TRUE COPY OF THE ORDER DATED 29.04.2025
PASSED BY THIS HON'BLE COURT IN BA NO.
5240 OF 2025.
