'Well Articulated Address': Kerala High Court Appreciates Law Students Appointed As Amici Curiae In NDPS Case

The appointment came during the hearing of a bail application filed by an accused of possessing 26.92 kg of ganja under the Narcotic Drugs and Psychotropic Substances Act. 

After hearing the arguments by the parties and the two amici the high court granted bail to the accused on a personal bond of Rs 1 Lakh subject to certain conditions.  

The court sought to address the following two questions:

1. When does the twenty four hour period to produce an accused before the Magistrate commence?

2. Does it start from the time of arrest as recorded by the police or from the time when the accused was detained?

Justice Bechu Kurian Thomas noted the “commitment with which two law interns were watching the proceedings” and, with their consent, appointed Ms. Nikhina Thomas and Ms. Neha Babu, both second-year students at Ramaiah College, Bengaluru, as amici curiae.

The law students presented a “well-articulated address” supported by a thorough argument note. They argued that the 24-hour period begins from the moment of effective curtailment of liberty, not the formal arrest time, a position ultimately adopted by the court. Drawing on precedents such as D.K. Basu v. State of West Bengal [(1997) 1 SCC 416] and Joginder Kumar v. State of U.P., [(1994) 4 SCC 260] they highlighted the dangers of unrecorded custody and its potential for human rights violations.

In his order, Justice Thomas recorded appreciation for the students' assistance, calling them “the growing buds of the noble profession.

Case Title: Biswajith Mandal v Inspector, Narcotic Control Bureau

Citation: 2025 LiveLaw (Ker) 498

Click Here To Read/ Download Judgment