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Charivupurayidathil Latheef Alfana vs Union Of India
2026 Latest Caselaw 1389 Ker

Citation : 2026 Latest Caselaw 1389 Ker
Judgement Date : 10 February, 2026

[Cites 4, Cited by 0]

Kerala High Court

Charivupurayidathil Latheef Alfana vs Union Of India on 10 February, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.662 of 2026 and connected cases.
                                          1

                                                         2026:KER:11875

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947

                      BAIL APPL. NO. 662 OF 2026

 CRIME NO.19/2025 OF DIRECTORATE OF REVENUE INTELLIGENCE,

                             KOCHI, ERNAKULAM

        AGAINST THE ORDER DATED 22.01.2025 IN CRMP NO.1 OF

2026    OF   DISTRICT      COURT    &     SESSIONS   COURT/RENT   CONTROL

APPELLATE AUTHORITY, ERNAKULAM.

PETITIONER(S)/ACCUSED NO.3:

             CHARIVUPURAYIDATHIL LATHEEF ALFANA
             AGED 25 YEARS
             D/O ABDUL LATHEEF, CHARIVUPURAYIDATHIL-HOUSE,
             PEERMADE-P. O, KARIMANNOOR, PIN - 685531


             BY ADVS.
             SRI.K.P.PRASANTH
             SHRI.T.A.AJMAL HUSSAIN
             SHRI.ARUNRAJ S.
             SMT.SUNITHA K.G.
             SMT.ANITHA V.A.
             SMT.SREELAKSHMI K.



RESPONDENT(S)/COMPLAINANT:

             UNION OF INDIA
             REPRESENTED BY INTELLIGENCE OFFICER,
             DIRECTORATE OF REVENUE INTELLIGENCE,
             PALARIVATTOM, COCHIN-25 THROUGH SPECIAL
             PROSECUTOR DIRECTORATE OF REVENUE INTELLIGENCE,
             PIN - 682025
 B.A.No.662 of 2026 and connected cases.
                                          2

                                              2026:KER:11875



             SRI.N. JAGATH, SC


       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.02.2026, ALONG WITH Bail Appl..762/2026, 763/2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.662 of 2026 and connected cases.
                                          3

                                                          2026:KER:11875


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947

                      BAIL APPL. NO. 762 OF 2026

 CRIME NO.19/2025 OF DIRECTORATE OF REVENUE INTELLIGENCE,

                             KOCHI, Ernakulam

        AGAINST THE ORDER DATED 28.01.2026 IN CRMP NO.3 OF

2026    OF   DISTRICT      COURT    &     SESSIONS   COURT/RENT   CONTROL

APPELLATE AUTHORITY, ERNAKULAM

PETITIONER(S)/ACCUSED NO.1:

             ABU SALIM
             AGED 30 YEARS
             S/O MOHAMED SALIM, AGED 30 YEARS,
             PALLIVEETTIL HOUSE, ERUMELY P.O.,
             KOTTAYAM(DIST.), KERALA, PIN - 686509


             BY ADVS.
             SRI.ANIL K.MUHAMED
             SHRI.BAJEEL ABDUL RAHIMAN


RESPONDENT(S)/COMPLAINANT:

             UNION OF INDIA
             REPRESENTED BY PROSECUTOR DRI COCHIN ZONAL UNIT,
             PIN - 682018

                        SRI.N. JAGATH, SC
       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON     10.02.2026,       ALONG     WITH       Bail   Appl..662/2026   AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.662 of 2026 and connected cases.
                                          4

                                                          2026:KER:11875


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947

                      BAIL APPL. NO. 763 OF 2026

 CRIME NO.19/2025 OF DIRECTORATE OF REVENUE INTELLIGENCE,

                             KOCHI, Ernakulam

        AGAINST THE ORDER DATED 28.01.2026 IN CRMP NO.4 OF

2026    OF   DISTRICT      COURT    &     SESSIONS   COURT/RENT   CONTROL

APPELLATE AUTHORITY, ERNAKULAM

PETITIONER(S)/ACCUSED NO.2:

             SAHIL BASHEER
             AGED 33 YEARS
             S/O BASHEER, VAZHAPARAMBIL VEED,
             ERUMELY P.O., KOTTAYAM(DIST.),
             KERALA, PIN - 686509


             BY ADVS.
             SHRI.AJIN SALAM
             SHRI.KRISHNAKUMAR G.


RESPONDENT(S)/COMPLAINANT:

             UNION OF INDIA
             REPRESENTED BY PROSECUTOR DRI COCHIN ZONAL UNIT,
             PIN - 682018

                        SRI.N. JAGATH, SC
       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON     10.02.2026,       ALONG     WITH       Bail   Appl..662/2026   AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.662 of 2026 and connected cases.
                                          5

                                                  2026:KER:11875


                                 ORDER

(B.A.Nos. 662, 762 and 763 of 2026)

These applications are filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)

seeking regular bail.

2. The applicant in B.A.No.662 of 2026 is the

accused No.3, applicant in B.A.No.762 of 2026 is the accused

No.1 and the applicant in B.A.No.763 of 2026 is the accused

No.2 in O.R. No.19/2025 of Directorate of Revenue Intelligence,

Kochi, Ernakulam District. The offences alleged against accused

Nos.1 and 2 are punishable under Sections 20(b)(ii)(B), 23(b),

28 and 29(1) read with Section 8(c) of the NDPS Act and the

offences alleged against the accused No.3 is punishable under

Section 20(b)(ii)(B), 28 and 29(1) of the NDPS Act.

3. The prosecution case, in short, is that on

18/12/2025 by about 08.40 p.m. based on specific information

that three passengers, namely, Sahil Basheer, Abu Salim, and

Charivipurayidathil Latheeef Alfana travelling from Bangkok

(Thailand) to Cochin via Abu Dhabi, arriving at Cochin by Air

Arabia Flight 3L125 would be carrying narcotic/ psychotropic

substance in their baggage/ person, they were intercepted at

Cochin International Airport. On detailed personal and baggage B.A.No.662 of 2026 and connected cases.

2026:KER:11875

search, it was found that accused No. 1 had concealed in his

checked-in baggage 6258 grams and accused No. 2 had

concealed in his checked-in baggage 1258 grams of green

lumpy substance suspected to be Marijuana which was seized

by the Intelligence Officer, DRI Cochin on 19/12/2025. Thus,

the applicants have committed the aforesaid offences.

4. I have heard Sri. Anil K. Muhammad, Sri. Ajin

Salam and Sri. K.P. Prasanth, the learned counsel for the

applicants and Sri. N. Jagath, the learned Standing Counsel for

the respondent. Perused the case diary.

5. The learned counsel for the applicants

submitted that the applicants are innocent and have been

falsely implicated in the present case. The counsel further

submitted that no materials are on record to connect the

applicants with the alleged crime; hence, they are entitled to

bail. On the other hand, the learned Standing Counsel

submitted that the alleged incident occurred as a part of the

intentional criminal acts of the applicants, and they are not

entitled to bail at this stage.

6. The applicants were remanded to judicial

custody on 19.12.2025. The investigation is almost over.

Recovery has already been effected. The applicants have no B.A.No.662 of 2026 and connected cases.

2026:KER:11875

criminal antecedents. For these reasons, I do not find any

reason to hold that the continued detention of the applicants is

required for any purpose. Hence, the applicants are entitled to

be released on bail.

In the result, the application is allowed on the following

conditions: -

(i) The applicants shall be released on bail on

executing a bond for Rs.1,00,000/- (Rupees One lakh only) each

with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the

investigation.

(iii) The applicants shall appear before the

investigating officer between 10.00 a.m and 11.00 a.m every

Saturday until further orders. They shall also appear before the

investigating officer as and when required.

(iv) The applicants shall not commit any offence of

a like nature while on bail.

(v) The applicants shall not attempt to contact

any of the prosecution witnesses, directly or through any other

person, or in any other way try to tamper with the evidence or

influence any witnesses or other persons related to the B.A.No.662 of 2026 and connected cases.

2026:KER:11875

investigation.

(vi) The applicants shall not leave the State of

Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification

of the bail conditions or cancellation of bail on the grounds of

violating the bail conditions shall be filed at the jurisdictional

court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

Jms B.A.No.662 of 2026 and connected cases.

2026:KER:11875

APPENDIX OF BAIL APPL. NO. 662 OF 2026

PETITIONER ANNEXURES

Annexure -1 A TRUE COPY OF THE ORDER IN VIDE CRL.M.P NO. 1/2026 DATED 22/01/2026 B.A.No.662 of 2026 and connected cases.

2026:KER:11875

APPENDIX OF BAIL APPL. NO. 762 OF 2026

PETITIONER ANNEXURES

Annexure 1 A TRUE PHOTOCOPY OF ORDER DATED 28/01/2026 IN CRL.MP NO. 3/2026 B.A.No.662 of 2026 and connected cases.

2026:KER:11875

APPENDIX OF BAIL APPL. NO. 763 OF 2026

PETITIONER ANNEXURES

Annexure 1 A TRUE PHOTOCOPY OF ORDER DATED 28/01/2026 IN CRL.MP 4/2026 IN OR

 
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