Sachria Titus Vs Inspector of Customs (Kerala High Court)
The Kerala High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner is accused No. 1 in O.S. No. 25/25–SIIB before the Special Intelligence & Investigation Branch, Customs House, Kochi. He faces allegations under Sections 20(b)(ii)(B), 23(b), 28, and 29 of the NDPS Act. According to the prosecution, as recorded in the Annexure-2 order, the petitioner was intercepted on 18.09.2025 at the Foreign Post Office, Kochi, at about 12.10 p.m. when he arrived to receive a parcel sent from Thailand that allegedly contained 2.40 kilograms of ganja. He was arrested the same day and has remained in judicial custody since his arrest.
During the hearing, counsel for the petitioner submitted that the investigation was practically complete and the petitioner’s further detention was unnecessary. The Special Public Prosecutor opposed the bail request. The Court noted that the petitioner had no criminal antecedents and that the Case Diary indicated the investigation was nearing completion. Considering the stage of the investigation and the duration of custody already undergone, the Court held that the petitioner was entitled to bail subject to conditions.
The Court allowed the bail application, directing the petitioner to execute a bond of Rs. 50,000 with two solvent sureties of the same amount. The petitioner must appear before the Investigating Officer every Monday and Friday between 10 a.m. and 11 a.m. until further orders and cannot leave Ernakulam District without permission. He must surrender his passport to the jurisdictional court or file an affidavit if he does not possess one. The conditions further prohibit him from influencing witnesses, tampering with evidence, or committing any similar offence while on bail. The Court clarified that violation of any bail conditions would permit the jurisdictional court to cancel the bail in accordance with law.
