The Kerala High Court recently delivered a significant judgment in Criminal Appeal No. 1184 of 2025, filed by Shamnad E.K., aged 34, who challenged an order passed by the Special Court for NIA Cases, Ernakulam, granting police custody to the National Investigation Agency (NIA).
The appeal was heard by Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar on July 29, 2025, and dismissed the same day.
Key Facts
- The appellant, 20th accused in NIA Case R.C.No.02/2022/NIA/KOC, was arrested on April 4, 2025.
- He was charged under multiple sections of the IPC, UAPA, Arms Act, and Religious Institutions (Prevention of Misuse) Act.
- The first police custody was from April 9 to April 15, 2025.
- Later, a second police custody request was made on May 25, 2025, almost 53 days after arrest, raising legal questions.
- The Special Court allowed custody from May 27 to May 30, 2025, which triggered the appeal.
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The counsel for Shamnad E.K. argued that:
“The order granting police custody under Section 43D(2) of UAPA is invalid since it was requested after the initial 30-day window, and no explanation was provided for the delay.”
They also cited the Supreme Court’s decision in:
Senthil Balaji v. State [(2024) 3 SCC 51]: Where doubts were raised on timing and validity of delayed custody requests.
CBI v. Anupam J. Kulkarni [(1992) 3 SCC 141]: Which held that police custody must be within the first 15 days of remand under CrPC.
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The NIA, represented by Sri. Sasthamangalam Ajithkumar, argued that:
“Police custody was initially granted within 15 days of arrest. Under Section 43D of UAPA, further custody requests within the 90- or 180-day period for investigation are legally valid.”
They also referenced:
- Gautam Navlakha v. NIA [(2022) 13 SCC 542], asserting that:
“A second custody request is allowed beyond the initial 30-day remand, if valid reasons and delays are explained. However, no explanation is needed when initial custody was already granted.”
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The bench noted:
“The challenge is purely academic since police custody was granted within the initial 15-day period after arrest. The second request was an extension and did not violate Section 43D(2).”
They clarified that:
The UAPA modifies CrPC custody rules:
- Police custody can extend to 30 days.
- Investigation time can be up to 90 or 180 days.
- Delay explanation is only needed if no custody was granted in the first 30 days.
Quoting Gautam Navlakha:
“If police custody wasn’t granted initially, delay and reasons must be explained. But if custody was granted within 30 days, no such explanation is required.”
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The Court also rejected the claim that:
“Any illegality in custody order invalidates detention. The Supreme Court clarified that actual custody—legal or not—counts for default bail computation.”
In view of the clear legal position and facts, the appeal is meritless and stands dismissed.
Case Title: Shamnad E.K. vs Union of India & Anr.
Case Number: Criminal Appeal No. 1184 of 2025