Illegal detention exceeding 24 hours warrants bail issuance, reinforcing constitutional protections and emphasizing adherence to lawful arrest procedures.

ORDER :

Bechu Kurian Thomas, J.

These bail applications are filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioners in these two bail application are accused 2 and3 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 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. Vivek Venugopal, the learned Counsel for the petitioners, Sri. Sreelal N. Warrier, the learned Special Public Prosecutor.

5. The learned Counsel for the petitioners in both the above applications 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. An objection was filed by the respondent pointing out the nature of offences alleged and the manner in which the arrest was effected. The respondent specifically alleged that the accused had arrived at Calicut International Airport at 11.45 pm on 13.05.2025 by Air Asia flight AK 33 from Bangkok via Kuala Lumpur and that they were carrying contraband in their bags. It is specifically stated in paragraph 3 of the objection as follows:

“3. The contention of the accused that she was not produced before the Hon'ble magistrate within the stipulated time of 24 hours after the arrest is not correct. It is submitted that the recovery and seizure of the narcotic goods under a mahazar after thorough examination of her baggage was effected at 3 PM on 14.05.2025. Thereafter, summons under Sec.67 of the NDPS Act was issued to the accused and she gave a detailed statement about the commission of the offence. The accused was arrested and taken into custody only at 10.00 hrs on 15.05.2025 and the accused was produced before the Hon'ble Court at 05.30 PM on the same day, within the stipulated time prescribed.”

7. The learned Special Public Prosecutor, on behalf of the respondent, submitted that the contentions raised by the petitioners are without any basis, and the accused have been legally arrested, and there is no reason to enlarge them on bail.

8. 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,