Kerala High Court
Sarfas V.A vs State Of Kerala on 28 October, 2025
Author: K. Babu
Bench: K. Babu
B.A. No. 11692 of 2025
1
2025:KER:80746
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
BAIL APPL. NO. 11692 OF 2025
CRIME NO.115/2024 OF SULTHANBATHERY EXCISE RANGE OFFICE,
WAYANAD
AGAINST THE JUDGMENT DATED 11.08.2025 IN BAIL APPL.
NO.8882 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
SARFAS V.A
AGED 25 YEARS, S/O. SALEEM,
VILANGIL HOUSE, KARUVANCHAL, THALIPARAMBU,
VELLAD VILLAGE, KANNUR DISTRICT, PIN - 670 571.
BY ADVS.
SRI.P.C.MUHAMMED NOUSHIQ
SMT.JAHANA SHERIN.K
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY ADV
SRI. M.C.ASHI- PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 11692 of 2025
2
2025:KER:80746
ORDER
This is an application seeking regular bail filed
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
2. The petitioner is the accused No.1 in Crime
No.115/2024 of Sulthanbathery Excise Range Office,
Wayanad. The offences alleged against the petitioner is
punishable under Section 22(c) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The prosecution case as narrated in Annexure
A1 reads thus:-
"On 20.08.2024 at about 12.55 pm, the
accused was found in possession of
60.435gm of Methamphetamine while
transporting the same in a private bus
named 'Orange' bearing Reg.No.AR 02/B
4475 in front of Muthanga Excise Check
Post, Thakarappadi Desom, Noolpuzha
Vilalge, Sulthan Bathery Taluk, in
2025:KER:80746
contravention to the provisions of the
NDPS Act".
4. The petitioner was arrested on 20.08.2024 and
has been in judicial custody since then.
5. Heard the learned counsel for the petitioner and
the learned Pubic Prosecutor.
6. The learned counsel for the petitioner submitted
that the petitioner was produced before the Magistrate
concerned after the expiry of 24 hours. Therefore, there
is violation of his fundamental rights. On this ground, the
learned counsel for the petitioner seeks release of the
petitioner.
7. The learned Public Prosecutor submitted that
the petitioner was arrested on 20.08.2024 at 2.15 pm and
was produced before the Court on 21.08.2024 before 2.15
pm.
8. The learned Public Prosecutor submitted that
the petitioner was produced before the Court even before
2025:KER:80746
2.15 pm. The learned Public Prosecutor further submitted
that the time required for the journey from the place of
arrest to the Magistrate's Court is to be excluded for
reckoning the period of 24 hours. The learned Public
Prosecutor relied on Section 58 of the BNSS and Article
22 of the Constitution of India to contend that the time
necessary for the journey from the place of arrest to the
Court is to be excluded.
9. I have gone through the material placed before
the Court. I am of the considered view that the
prosecution could prima facie establish that the petitioner
was produced before the Court after arrest within 24
hours.
10. The petitioner is alleged to have committed
offence in which commercial quantity of contraband is
involved. Therefore, Section 37 (2) of the NDPS Act is
squarely applicable. The petitioner has placed no material
to get over the rider contained the twin conditions
2025:KER:80746
provided in Section 37 of the NDPS Act. The offence
alleged is very grave in nature. Therefore, the petitioner
is not entitled to bail.
Therefore, the Bail application stand dismissed.
Sd/-
K. BABU, JUDGE
S.M.K.
2025:KER:80746
APPENDIX OF BAIL APPL. 11692/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 09.05.2025
IN CRL.M.P. NO. 487 OF 2025 ON THE
FILES OF SPECIAL JUDGE (NDPS ACT
CASES)/ADDITIONAL SESSIONS JUDGE-II,
KALPETTA
Annexure A2 TRUE COPY OF THE ORDER DATED 15.07.2025
IN CRL.M.P. NO. 873 OF 2025 ON THE
FILES OF SPECIAL JUDGE (NDPS ACT
CASES)/ADDITIONAL SESSIONS JUDGE-II,
KALPETTA
Annexure A3 TRUE COPY OF THE ORDER DATED 11.08.2025
IN BA NO. 8882 OF 2025 ON THE FILES OF
HON'BLE HIGH COURT OF KERALA
Annexure A4 TRUE COPY OF THE ORDER DATED 30.08.2025
IN CRL.M.P. NO. 1112 OF 2025 ON THE
FILES OF SPECIAL JUDGE (NDPS ACT
CASES)/ADDITIONAL SESSIONS JUDGE-II,
KALPETTA
Annexure A5 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 115 OF 2024 OF EXCISE RANGE OFFICE,
SULTHAN BATHERY, WAYANAD DISTRICT
Annexure A6 TRUE COPY OF THE REMAND PETITION AND
1ST REMAND ORDER IN CRIME NO. 115 OF
2024 OF EXCISE RANGE OFFICE, SULTHAN
BATHERY, WAYANAD DISTRICT
