Kerala High Court
Rabiath Saidu Sainudheen vs Union Of India Represented By ... on 13 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:75660
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
BAIL APPL. NO. 12213 OF 2025
CRIME NO.147/2025 OF AIR CUSTOMS, CALICUT
INTERNATIONAL AIRPORT, KOZHIKODE AGAINST THE ORDER/JUDGMENT
DATED 22.08.2025 IN BAIL APPL. NO.9792 OF 2025 OF HIGH COURT
OF KERALA.
PETITIONER:
RABIATH SAIDU SAINUDHEEN.,
AGED 40 YEARS,
W/O. JAYANTHIRAM, NO. 16, THALAYARI STREET,
SAIDAPET, WEST MAMBALAM, CHENNAI, TAMIL NADU,
PIN - 600 015.
BY ADVS.
SHRI.GOUTHAM KRISHNA U.B.
SMT.SUBI S BINU
RESPONDENT:
UNION OF INDIA REPRESENTED BY INSPECTOR,
AIR CUSTOMS , CALICUT INTERNATIONAL AIRPORT
CALICUT INTERNATIONAL AIRPORT, AIRPORT P.O,
AIRPORT RD, KARIPUR, MALAPPURAM, KERALA,
PIN - 673 647.
BY ADV SREELAL N. WARRIER, SC, CENTRAL BOARD OF
EXCISE
Bail Appl. No.12213 of 2025
2025:KER:75660
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.12213 of 2025
2025:KER:75660
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BECHU KURIAN THOMAS., J
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Bail Appl. No.12213 of 2025
------------------------------------
Dated this the 13th day of October, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused 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 of the second
accused, 11.504 kilograms of Hydroponic ganja and 4.195 kilograms of
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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. Goutham Krishna U B., the learned Counsel for
the petitioner, Sri. Sreelal N. Warrier, the learned Special Public
Prosecutor.
5. The learned Counsel for the petitioner 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. The learned Special Public Prosecutor, on behalf of the
respondent, submitted that the contentions raised by the petitioner are
without any basis, and the accused has been legally arrested, and there
is no reason to enlarge her on bail.
7. 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
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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 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 petitioner's baggage was completed at 3.00 pm on
14.05.2025, and thereafter, a summons was issued to her for giving her
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 accused 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.
8. In view of the above, I am satisfied that petitioner was kept
in detention beyond a period of 24 hours without any authority. Hence,
the arrest of the accused being illegal, she is entitled to be released on
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bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioner shall be released on bail on him executing a
bond for Rs.1,00,000/- (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.
(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
2025:KER:75660
APPENDIX OF BAIL APPL. 12213/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF SUMMONS UNDER S.67 OF THE
NDPS ACT DATED 14.05.2025 ISSUED BY THE
RESPONDENT.
Annexure A2 A TRUE COPY OF THE ARREST MEMO DATED
15.05.2025.
Annexure A3 A TRUE COPY OF THE COMMON ORDER DATED
17.07.2025 IN CRL.M.P. NO. 786/2025 AND
CONNECTED 2 BAIL APPLICATIONS BY THE
HON'BLE SPECIAL COURT FOR SC/ST (POA) ACT
& NDPS ACT CASES, MANJERI.
