NDPS Act Section 22(c) Applicability Questionable When Seized Substance Isn't a Narcotic Drug; Bail Granted on Grounds of Custody Period: Kerala High Court - 2025-08-23

Kerala High Court Grants Bail to Woman in Bizarre NDPS Framing Case, Cites 'Ludicrous' Excise Action

ERNAKULAM: The High Court of Kerala has granted bail to a 21-year-old woman accused of conspiring to frame her sister's mother-in-law in a drug case, a plot that unraveled when the "LSD stamps" used in the setup were found to be fake. Justice Bechu Kurian Thomas, while granting relief, noted the 'ludicrous situation' created by excise officials who arrested the victim without basic verification.

The petitioner, Liviya Jose, was the second accused in a crime registered by the Chalakkudy Excise Range Office under stringent sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the Indian Penal Code, 1860, including criminal conspiracy and fabricating false evidence.

Background of the Case

The prosecution's case is that Liviya Jose conspired with the first accused to falsely implicate a woman named Sheela Sunny. Pursuant to their plan, the first accused allegedly planted what appeared to be LSD stamps in Ms. Sunny's scooter and tipped off excise officials.

This false information led to Ms. Sunny's arrest and subsequent detention for 72 days. The case took a dramatic turn when a chemical analysis report revealed that the seized stamps contained no narcotic or psychotropic substance. Following this revelation, Ms. Sunny was released, and the investigation turned towards the conspirators, leading to the arrest of Liviya Jose on June 13, 2025.

Arguments in Court

Senior Counsel Sri. B. Raman Pillai, representing the petitioner, argued for bail on several grounds. He contended that his client was innocent and had been in custody for two months. A key argument was the inapplicability of the severe NDPS sections, particularly Section 22(c) (related to commercial quantities), since the seized substance was not a narcotic drug at all.

The Public Prosecutor, Sri. Noushad K.A., opposed the bail application, arguing that the initial seizure was believed to be a commercial quantity of LSD stamps. He submitted that the subsequent lab report does not diminish the gravity of the offence of conspiracy to frame an individual under the NDPS Act.

Court's Observations and Decision

Justice Bechu Kurian Thomas observed that the allegations of conspiring to wreak vengeance were "no doubt serious." However, the court weighed several factors in favour of granting bail.

The judgment highlighted that the first accused in the case had already been granted bail. The court also took into account the petitioner's young age (21) and the two-month period of custody already undergone.

In a critical observation, the court questioned the charges invoked, stating:

"Since the article seized was not a narcotic drug, the contention that the offence under section 22(c) will not be attracted has some force. However as it is a matter to be considered at the time of trial, the said issue need not be decided at this juncture and is left open."

The court was also critical of the actions of the excise officials, remarking on the "ludicrous situation of the excise officers getting carried away by the secret information" and arresting Ms. Sunny "without conducting any independent evaluation or appraisal about the alleged contraband."

Concluding that the petitioner's continued detention would serve no purpose, the High Court allowed the bail application. Liviya Jose was ordered to be released on executing a bond of Rs. 1,00,000/- with two solvent sureties, along with other conditions, including cooperating with the investigation and not tampering with evidence.