Legal principle

Where the investigation is almost over, the recovery has been effected and the accused has no criminal antecedents, continued detention is not required for any purpose and regular bail should be granted on appropriate conditions.

Court decision

The High Court (Dr. Justice Kauser Edappagath) allowed the bail application and held the applicant entitled to release on regular bail on executing a bond of Rs.1,00,000 with two solvent sureties for the like sum each, subject to conditions: full cooperation with the investigation; appearance before the investigating officer between 10.00 and 11.00 a.m. every Saturday and as and when required; no offence of a like nature while on bail; no contacting prosecution witnesses or tampering with evidence or influencing witnesses; no leaving the State of Kerala without trial court permission; and any application for deletion/modification of conditions or cancellation of bail to be filed before the jurisdictional court.

Facts

Muhammed Ramsheed Thazhathethil, a 26-year-old resident of Palakkad, arrived at Cochin International Airport from Dubai on Air India Express Flight IX 426 on 21.07.2026. The DRI, Cochin Zonal Unit, alleged he smuggled 1,060 grams of gold in compound form concealed in his rectum, which on extraction and melting yielded 998 grams of 24-carat gold valued at Rs.1,46,91,558/-. DRI registered OR No.8/2026 alleging offences punishable under Sections 132 and 135 of the Customs Act, 1962, arrested him (grounds of arrest dated 22.07.2026) and had him remanded to judicial custody on 22.07.2026. DRI filed an objection dated 29.07.2026 opposing his release, and after earlier orders before the Magistrate and the Sessions Judge, the applicant moved the High Court for regular bail under Section 483 of the BNSS, 2023.

Key provisions

• Section 132, Customs Act, 1962 —  False declaration, false documents,etc
• Section 135, Customs Act, 1962 — Evasion of duty or prohibitions