Kerala High Court Grants Bail in High-Profile NDPS Cases

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Date: 22.12.2025

Kerala High Court Grants Bail in High-Profile NDPS Cases

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The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is a stringent law in India aimed at combating drug trafficking and abuse. Bail applications under this Act often involve complex legal arguments, especially when constitutional rights and procedural lapses are in question. ​ In this blog, we will explore two recent bail applications heard by the High Court of Kerala, shedding light on the legal provisions and judicial reasoning involved.

Case 1: Bail Application No. ​ 12213 of 2025 ​

Background:

The petitioner was the first accused in a case registered under Crime No. 147/2025 by Air Customs at Calicut International Airport. ​ The charges against her included possession of contraband substances such as Hydroponic Ganja and Amphetamine-laced chocolates, punishable under Sections 20(b)(ii)(C), 22(c), 23(c), 28, and 29 read with Section 8(c) of the NDPS Act. ​

Key Legal Issues:

The petitioner argued that her detention exceeded the permissible 24-hour limit under Article 22(2) of the Constitution of India and Section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. ​ She was taken into custody on 13.05.2025 at 11:45 PM, but her arrest was recorded only on 15.05.2025 at 10:00 AM, and she was produced before the Magistrate later that day. ​ The petitioner relied on the precedent set in Appellant vs. ​ Inspector, Narcotic Control Bureau [2025 KER 60624], which emphasized the importance of adhering to constitutional provisions regarding detention. ​

Court’s Observations:

Justice noted that the petitioner was detained beyond 24 hours without proper authority, violating constitutional provisions. ​ The court emphasized that the time of detention must be reckoned from the moment the accused was initially taken into custody, which in this case was 11:45 PM on 13.05.2025. ​

Order: ​

The court granted bail to the petitioner, subject to the following conditions:

1. Execution of a bond for Rs. ​ 1,00,000 with two solvent sureties. ​
2. Appearance before the Investigating Officer as required. ​
3. No intimidation or influence on witnesses or tampering with evidence. ​
4. No commission of similar offenses while on bail. ​
5. Permission from the jurisdictional court required to leave India. ​

Case 2: Bail Application No. ​ 12138 of 2025 ​

Background:

The petitioner was accused of Crime No. ​ OS 178/2025 by Air Customs at Calicut International Airport. ​ She was charged under Sections 20(b)(ii)(C), 22(c), 23(c), 28, and 29 of the NDPS Act for allegedly carrying 23.429 kilograms of Hydroponic Ganja in her baggage while traveling on an Etihad flight.

Key Legal Issues:

The petitioner contended that her arrest violated Article 22(1) of the Constitution and Section 48 of the BNSS, 2023, as the grounds of arrest were not properly communicated to her or her nominated person. The prosecution argued that the arrest intimation was served to a friend of the petitioner via phone, but the court found no evidence of compliance with the statutory mandate. ​

Court’s Observations: Justice the importance of effectively communicating the grounds of arrest to the accused and their nominated person, as required by Article 22(1) and Section 48 of the BNSS. ​ The court emphasized that non-compliance with these provisions renders the arrest unconstitutional. ​

Order:

The court granted bail to the petitioner with the following conditions:

1. Execution of a bond for Rs. ​ 1,00,000 with two solvent sureties. ​
2. Appearance before the Investigating Officer on specified days. ​
3. Surrender of passport or submission of an affidavit if no passport exists. ​
4. Cooperation with the investigation. ​
5. No influence on witnesses or tampering with evidence. ​
6. No commission of similar offenses while on bail. ​
7. Violation of any conditions may lead to cancellation of bail. ​

Relevant Sections of the NDPS Act ​

1. Section 20(b)(ii)(C): Punishment for the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import, or export of cannabis in commercial quantities. ​
2. Section 22(c): Punishment for the possession of psychotropic substances in commercial quantities.
3. Section 23(c): Punishment for the illegal import/export of narcotic drugs and psychotropic substances in commercial quantities.
4. Section 28: Punishment for attempts to commit offenses under the NDPS Act.
5. Section 29: Punishment for abetment and criminal conspiracy related to offenses under the NDPS Act. ​
6. Section 8(c): Prohibition of certain operations such as production, manufacture, possession, sale, purchase, transport, and use of narcotic drugs and psychotropic substances, except for medical or scientific purposes.

Conclusion

These cases highlight the importance of adhering to constitutional and statutory provisions during arrests under the NDPS Act. The courts have consistently emphasized the need for proper communication of the grounds of arrest to ensure the protection of fundamental rights. The judgments also underline the balance between enforcing stringent drug laws and safeguarding individual rights. As the legal landscape evolves, it is crucial for law enforcement agencies to ensure compliance with procedural safeguards to uphold the rule of law.

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Source: Kerala High Court

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