2012 (12) TMI 1005 - HC - Customs

The checked-in-baggage had already been handed over to the officials of the Airliner and even according to the prosecution, the checked- in- baggage was offloaded from the Aircraft and brought to place where the mahazer was being drawn. whether the checked-in-baggage offloaded was locked and whether it was opened by the petitioner

Summary

Issues:
Petition for bail under section 439 of CR.P.C and Section 37 of NDPS Act in connection with a case involving the possession of prohibited substances.

Analysis:
The petitioner sought bail after being intercepted by Directorate of Revenue Intelligence officials based on specific information regarding carrying contraband substances. The petitioner was found with checked-in baggage containing 'katamine,' a prohibited substance under NDPS Act, totaling 19.5 kgs. Despite the commercial quantity, the court noted that the baggage was not in physical possession of the petitioner, as it had been handed over to the airline prior to the discovery. The court highlighted the lack of evidence indicating the petitioner's direct involvement in loading the contraband. The prosecution's objections were considered, but it was deemed that there were no reasonable grounds to believe the petitioner was guilty of the offenses.

The court referenced Section 37 of the NDPS Act, emphasizing that bail for offenses involving commercial quantity requires compliance with specific conditions. The court examined the prosecution's arguments citing a Supreme Court decision, Customs, New Delhi Vs. Ahmadalieva Nodira, which clarified the strict bail conditions for such cases. However, the court concluded that the circumstances did not support the prosecution's opposition to bail in this instance, as there was insufficient evidence to establish the petitioner's guilt.

Ultimately, the court granted bail to the petitioner, emphasizing that there were no reasonable grounds to believe in the petitioner's guilt. Bail was allowed upon the execution of a personal bond and subject to various conditions, including restrictions on tampering with witnesses, engaging in similar acts, leaving the court's jurisdiction without permission, surrendering the passport if not already seized, and regular attendance with the investigation officer until the final report is filed.