Period spent on interim bail cannot be counted as detention for statutory bail

Kerala High Court Denies Statutory Bail to Fisal PJ in NDPS Case. Interim Bail Period Excluded from Detention Calculation, Court Clarifies

In a significant ruling, the Kerala High Court, under the adjudication of Justice K. Babu, denied the application for statutory bail filed by Fisal PJ, accused number three in a narcotics case, citing the exclusion of interim bail period from the calculation of detention. The decision, delivered on October 23, 2025, emphasized that only actual periods of custody are considered for statutory bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The petitioner, arrested on February 18, 2025, sought statutory bail claiming that his interim bail period should also be counted towards detention. However, the court clarified that interim bail does not equate to detention, aligning with precedents set by the Supreme Court and previous judgments such as Gautam Navlakha v. NIA and Sabu v. CBI.

The petitioner's counsel argued that the lack of absolute liberty during interim bail should allow for its inclusion in detention calculation. In contrast, the prosecution and the appointed Amicus Curiae contended that only actual custody periods should be considered, ultimately calculating the petitioner's detention to just 140 days-short of the 180 days required for statutory bail in cases involving commercial quantities under the NDPS Act.

Justice Babu concluded that periods of interim or temporary bail could not be computed towards the requisite detention period for statutory bail. Thus, dismissing the application, the judgment serves as a pivotal clarification on interpreting detention under the BNSS, potentially impacting future bail applications in similar contexts.

Bottom Line:

Period spent on interim bail cannot be counted as detention for the purpose of calculating the requisite period for statutory bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187(3), Narcotic Drugs and Psychotropic Substances Act Sections 22(c), 8(c), 27(a) read with Section 29.

Fisal PJ v. State of Kerala, (Kerala) : Law Finder Doc Id # 2797703