The Kerala High Court on August 23, 2025 granted regular bail to Liviya Jose, who is accused of conspiring to falsely implicate Chalakudy-based beautician Sheela Sunny in a fabricated narcotics case under the NDPS Act.
Justice Bechu Kurian Thomas, while passing the order in Bail Application No. 9866 of 2025 (Liviya Jose v. State of Kerala), observed:
“The petitioner is a young lady of 21 years… Considering the period of custody already undergone, I am of the view that further detention is not necessary.”
According to the prosecution, Liviya Jose (sister of the daughter-in-law of Sheela Sunny) conspired with Narayana Das (the first accused) to plant fabricated contraband in Sheela’s scooter. The alleged contraband resembled LSD stamps, and based on a false tip-off given by Narayana Das to the excise authorities, Sheela was arrested and kept in custody for 72 days.
However, a subsequent Forensic Science Laboratory (FSL) report revealed that the seized material was not LSD, exposing the case as fabricated.
• In 2023, the Kerala High Court had quashed the FIR against Sheela Sunny, after the Assistant Excise Commissioner confirmed that the seized material was not LSD stamps as initially claimed.
• Despite this, Liviya Jose was later added as the second accused in Crime No. 5/2023 of the *Excise Range Office, Chalakkudy, Thrissur.
• She was arrested and remanded on June 13, 2025 under various provisions of the NDPS Act and the Indian Penal Code (IPC), including Sections 58(2), 28, 29 read with 22(c), 29 of 60(3) NDPS Act and IPC Sections 120B (criminal conspiracy), 195, 116 and 34 (common intention).
• Earlier, her anticipatory bail plea was closed by another bench since she had not yet been formally arrayed as an accused at that time.
The High Court had, just last week, granted regular bail to co-accused Narayana Das, observing that the grounds of his arrest were not communicated to him as required under law. The Court has similarly left open Liviya Jose’s argument that the grounds of her arrest were also not properly conveyed.
Taking note of:
• the youth of the petitioner (21 years),
• the period of incarceration already undergone, and
• the fact that the trial is yet to commence,
Justice Bechu Kurian Thomas held that further detention was not warranted.
Accordingly, the Court allowed the bail application with conditions, granting her release from custody.
This case underscores serious concerns about misuse of NDPS provisions and the planting of fabricated contraband to settle personal disputes. The wrongful incarceration of Sheela Sunny for 72 days despite being innocent highlights the potential for abuse under stringent NDPS laws.
The bail orders in favour of both Narayana Das and Liviya Jose show the Court’s emphasis on safeguarding the rights of accused persons while ensuring that due process of law is strictly adhered to.
