Detention beyond 24 hours without legal basis results in unlawful arrest, warranting bail.

O R D E R

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 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 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