Ms. Kaki Rissah Prasad v. The Air Customs Superintendent Rajiv Gandhi International Airport

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12653 OF 2025 ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused seeking her enlargement on bail in connection with Crime No.Air Cus/49/Adjn/47/2025/AJU-D (Air Customs) of Air Intelligence Unit, Rajiv Gandhi International Airport, Hyderabad. The offences alleged against the petitioner are under Sections 20, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that the petitioner came from Bangkok and the RGI Airport police intercepted her and on detailed scanning and checking of check-in-baggage, they found some substance suspected to be a Ganja weighing 3100 grams. Petitioner was arrested after seizing the said substance. As such case was registered against the petitioner for the above offences.

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Heard Sri B.Siddaiah, learned counsel for the petitioner and Sri Dominic Fernandes, learned Senior Standing Counsel appearing for 1st respondent and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the 2nd respondentState. 4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations and the seized contraband is only 3100 grams which is not commercial quantity and it is an intermediate quantity. Petitioner is in jail from 01.09.2025 i.e., more than 30 days and material part of investigation is already completed. The petitioner is having parents is suffering with old age ailments and she is the only person to look after them. As such, requested this Court to grant bail to the petitioner.

5.

On the other hand, learned Standing Counsel opposed bail stating that though the seized contraband is 3100 grams, it is not an Indian substance and it is transported from Bangkok, which is a commercial quantity. Petitioner is a beautician in Goa and she is travelling from Bangkok. There are serious allegations against this petitioner, if petitioner is released on bail, she may tamper with further investigation. As such,

- 3 - requested this Court to dismiss this petition and alternatively requested this Court to impose stringent conditions if the Court intends to grant bail.

6.

Considering the submissions made by the respective counsel and the material placed on record, petitioner is in jail from 01.09.2025 and the seized contraband is 3100 grams. The petitioner was travelling from Bangkok to Hyderabad and she is a native of Karnataka State but residing in Goa working as a Beautician. Considering all these circumstances, this Court is inclined to grant bail to the petitioner subject to the following conditions:

i.

The petitioner/Accused shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a like sum each to the satisfaction of XXV-Additional Metropolitan Magistrate, Cyberabad, Ranga Reddy District.

ii.

The petitioner/Accused shall deposit her passport before the trial Court.

iii.

The petitioner/Accused shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.

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The petitioner/Accused shall abide by the conditions stipulated in Section 483(2) of BNSS.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date :09.10.2025 Rds

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.12653 OF 2025 DATE :09.10.2025 Rds