Citation : 2026 Latest Caselaw 1389 Ker
Judgement Date : 10 February, 2026
B.A.No.662 of 2026 and connected cases.
1
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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.
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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.
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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.
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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.
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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.
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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.
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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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