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Irshad Vs Superitendent of Customs — Customs and Excise | Karnataka HC (2025)

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Karnataka HC
2025
Irshad Vs Superitendent of CustomsIrshad v. Superitendent of Customs

Allowed¶52

Irshad v. Superitendent of Customs

Karnataka HC20 Jun 2025CRL.P/7358/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; CRL.P No. 7358 of 2025; NC 2025:KHC:21522; decided 20-06-2025 by Justice S Vishwajith Shetty. Statutory/default bail allowed under S.187(3) BNSS 2023 because chargesheet not filed within the 60-day period applicable where maximum punishment is 7 years; offences under S.135(1)(a) and 135(1)(b) Customs Act 1962 (gold bars, 5,980 g, worth Rs.5,63,91,400, seized at Kempegowda International Airport); earlier bail application rejected 12-05-2025 in Crl.Misc.No.3582/2025; petition moved under S.483 BNSS (cause title also notes S.439 CrPC); release on Rs.1,00,000/- personal bond with two like sureties plus conditions (no witness tampering, no similar offences, no leaving Trial Court jurisdiction). Keywords: default bail, Section 187(3), 60-day rule, Customs Act 135(1)(a)(b), gold smuggling, judicial remand, Special Court for Economic Offences.

What did the court decide?

Petitioner to be enlarged on bail in Crime No.21/2025 subject to: execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court unless exempted; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences; and no leaving the Trial Court's jurisdiction without permission until disposal of the case.

Why is it important?

Since the maximum punishment for the offences alleged against the petitioner is imprisonment for seven years, the chargesheet was required to be filed within 60 days from the date the accused was remanded to judicial custody. ¶46

What the court decided

AI extract

Outcome

Petitioner to be enlarged on bail in Crime No.21/2025 subject to: execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court unless exempted; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences; and no leaving the Trial Court's jurisdiction without permission until disposal of the case.

Issue for consideration

Whether the petitioner is entitled to statutory (default) bail under Section 187(3) of BNSS, 2023, given that the chargesheet was not filed within 60 days of his remand to judicial custody.

Ratio / Principle

Since the maximum punishment for the offences alleged against the petitioner is imprisonment for seven years, the chargesheet was required to be filed within 60 days from the date the accused was remanded to judicial custody.

Key takeaways

The prosecution did not file the chargesheet within the stipulated time under Section 187(3) of BNSS, 2023; consequently, the petitioner is entitled to statutory bail under that provision.ratio¶46

Detailed headnote1 paragraphs

Default (statutory) bail under S.187(3) BNSS, 2023 granted in a Customs gold case. The petitioner, arrested on 20.04.2025 at Kempegowda International Airport after recovery of six gold bars (5,980.00 grams worth Rs.5,63,91,400/-) from his water bottle carton, was booked under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962, offences carrying a maximum punishment of seven years' imprisonment; the chargesheet was therefore due within 60 days of judicial remand. With no chargesheet filed and his earlier bail application (Crl.Misc.No.3582/2025) rejected on 12.05.2025, the High Court held him entitled to statutory bail under Section 187(3) BNSS, 2023, allowed CRL.P No. 7358 of 2025 (S Vishwajith Shetty J., 20-06-2025), and enlarged him on bail on a personal bond of Rs.1,00,000/- with two sureties, subject to standard conditions.

A

1 -

NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 7358 OF 2025

BETWEEN:

IRSHAD S/O SHRI ISAC AGED ABOUT 32 YEARS, R/AT NO.15-56/8 PALLAMAJAL HOUSE, MODANKAPU POST BANTWAL D.K. DISTRICT - 574 219

…PETITIONER

(BY SRI. LETHIF B., ADVOCATE)

AND:

Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA

SUPERITENDENT OF CUSTOMS AIR INTELLIGENCE UNIT, KEMPEGOWDA INTERNATIONAL AIRPORT TERMINAL-2, DEVANAHALLI, BANGALORE - 562 110

…RESPONDENT (BY SRI MADHU N. RAO, SPL.PP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.21/2025 OF SUPERINTENDENT OF CUSTOMS, AIR INTELLIGENCE UNIT, KEMPEGOWDA INTERNATIONAL AIRPORT, TERMINAL-2, DEVANAHALLI, BANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 135(1)(a) AND 135(1)(b) OF THE CUSTOMS ACT, 1962, ON THE FILE OF SPECIAL COURT FOR ECONOMIC OFFENCES ACT, BANGALORE.

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NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in Crime No.21/2025 registered by Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport Terminal-2, Devanahalli, Bangalore for the offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs act, 1962 is before this Court under Section 483 of the BNSS, 2023, seeking regular bail.

Heard learned counsel for the petitioner and learned Special Public Prosecutor appearing for the respondent who has filed a statement of objection.

It is the case of the prosecution that based on the credible information, the petitioner herein who was travelling from Jeddah to Bangalore on 20.04.2025 was carrying contraband article in the bag which he was

3 - NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

carrying, allegedly had intercepted him at the airport and from the water bottle carton which the petitioner had with him, 6 gold bars totally weighing 5,980.00 grams worth about of Rs.5,63,91,400/was recovered and the petitioner was arrested and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Court in Crl.Misc.No.3582/2025 which was rejected on 12.05.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that maximum punishment for the alleged offences is imprisonment for a period for 7 years. Petitioner was arrested on 20.04.2025 and till date chargesheet is not filed. Therefore, petitioner is entitled for statutory bail as provided under Section 187(3) of BNSS, 2023.

Learned Special Public Prosecutor appearing for

the respondent who has opposed the petition, however,

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NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

does not dispute submission made by the learned counsel

for the petitioner.

Section 187(2) and 187 (3) of BNSS, 2023

reads as follows:

"(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section(3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.

(3) The Magistrate may authorize the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this sub-section for a total period exceeding:-

5 - NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;

(ii) Sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on the bail if he is prepared to and does furnish bail, and every person released on bail under this subsection shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter."

7 . Undisputedly the maximum punishment for the

offences alleged against the petitioner is imprisonment for a period of 7 years. Therefore, chargesheet is required to be filed within the period of 60 days from the date accused is remanded to judicial custody. In the present case, undisputedly the prosecution has not filed the chargesheet within the stipulated time as provided under Section 187(3) of BNSS, 2023. Therefore, the petitioner is entitled

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NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

for statutory bail as provided under Section 187(3) of BNSS, 2023. Accordingly, the following order,

ORDER

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.21/2025 of Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport, Terminal-2, Devanahalli, Bangalore registered for the offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs act, 1962, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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NC: 2025:KHC:21522 CRL.P No. 7358 of 2025

HC-KAR

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

SD/(S VISHWAJITH SHETTY) JUDGE

CR List No.: 1 Sl No.: 58

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner is entitled to statutory (default) bail under Section 187(3) of BNSS, 2023, given that the chargesheet was not filed within 60 days of his remand to judicial custody.¶29

Statutes considered

5 provisions across 3 enactments

AI extract

Code of Criminal Procedure, 1973439¶16
Bharatiya Nagarik Suraksha Sanhita, 2023483¶23 187(2), 187(3)¶37 187(3)¶50
Customs Act, 1962135(1)(a), 135(1)(b)¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the petitioner's bail application in Crl.Misc.No.3582/2025 by the Jurisdictional Court¶28
Jurisdictional Court · 12.05.2025
Prior proceeding
Crime No.21/2025 registered by the Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport Terminal-2, Devanahalli, Bangalore for offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962.¶23
Prior proceeding
The criminal case is on the file of the Special Court for Economic Offences Act, Bangalore.¶16
Prior proceeding
On credible information, the petitioner travelling from Jeddah to Bangalore on 20.04.2025 was found carrying contraband article in the bag he was carrying.¶25
Prior proceeding
The petitioner was intercepted at the airport and 6 gold bars totally weighing 5,980.00 grams, worth about Rs.5,63,91,400/-, were recovered from the water bottle carton he had with him.¶28
Prior proceeding
The petitioner was arrested and subsequently remanded to judicial custody.¶28

Parties & counsel

AI extract

petitioner
Irshad s/o Shri Isac¶10
Lethif B.
respondent
Superintendent of Customs, Air Intelligence Unit, Kempegowda International Airport Terminal-2, Devanahalli, Bangalore¶15
Madhu N. Rao

Coram

AI extract

S Vishwajith Shettyauthor¶21

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 20 Jun 2025 · June
Registered: 21 May 2025
Case no.: CRL.P/7358/2025
CNR: KAHC010334632025
Topic: Customs and Excise
Bench: S Vishwajith Shetty
Disposal: ALLOWED
Case type: CRL.P

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Cite this judgement

Irshad v. Superitendent of Customs, CRL.P/7358/2025 (KA), decided on 20 June 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes5

Code of Criminal Procedure, 1973439
Bharatiya Nagarik Suraksha Sanhita, 2023483 · 187(2), 187(3) · 187(3)
Customs Act, 1962135(1)(a), 135(1)(b)

View all statutes

Procedural history6

Rejection of the petitioner's bail application in Crl.Misc.No.3582/2025 by the Jurisdictional CourtJurisdictional Court · 12.05.2025
Crime No.21/2025 registered by the Superintendent of Customs, AIR Intelligence Unit, Kempegowda International Airport Terminal-2, Devanahalli, Bangalore for offences punishable under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962.
The criminal case is on the file of the Special Court for Economic Offences Act, Bangalore.

View full history

Bench / Coram

S Vishwajith Shetty

Parties & counsel