9911796707
TMI Blog2025 (1) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... used persons as well as the trolly bags carried by them were searched by the Customs officials. In their trolly bags, some shampoo/hair color bottles were found, containing black coloured-thick liquid having an unusual smell. The said liquid, upon testing, was found to be Heroin. Total 17 bottles, weighing about 4.02 kg (including the weight of bottles) were recovered from co-accused Abdul, and total 15 bottles, weighing about 3.60 kg (including the weight of bottle) were recovered from the present applicant. Concededly, the quantity of narcotic substance recovered in this case from the present applicant is commercial quantity, i.e. about 3.60 kg of heroin. Therefore, the twin conditions under Section 37 of the NDPS Act will have to be sati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tics Drugs and Psychotropic Substances Act, 1985 (hereafter NDPS Act ), has been filed on behalf of the applicant seeking grant of regular bail in case bearing C. No. VIII(AP)10/P I/3237-D/Arrival/2021, dated 21.04.2022, for offence punishable under Sections 8/21/23/29 of the NDPS Act. 2. Briefly stated, the facts of the present case are that the present applicant was arriving at IGI Airport, Terminal 3, New Delhi, on Flight No. EK 516 dated 08.08.2021 from Dubai to Delhi, carrying a silver-colored trolley bag with tag number 0176542792. It is alleged that, based on suspicion, the applicant was diverted to the green channel. The baggage of the applicant was X-rayed, and no beep sound was heard during the DFMD examination. During the persona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for more than three years, and out of 18 witnesses, only 03 witnesses have been examined as yet. Therefore, it is prayed that the applicant be granted regular bail. 4. Conversely, the learned counsel appearing on behalf of the Customs argues that the recovery of narcotic substance, i.e. heroin, in this case is of commercial quantity and therefore, provisions of Section 37 of NDPS Act will have to be satisfied by the applicant. The learned counsel also draws this Court s attention to the fact that the FSL report supports the case of prosecution. It is further stated the recovery had been affected from the applicant, from his silver-colored trolley bag. The learned counsel also submits that all mandatory procedures under the NDPS Act were f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be cognizable and non-bailable. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- a) every offence punishable under this Act shall be cognizable; b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a language interpreter, were called at the spot and all the proceedings had taken place in their presence. 10. As far as the argument of learned counsel for the applicant, that provisions of Section 50 and 52A of the NDPS Act, were not followed by the Customs authorities and therefore bail should be granted to the applicant is concerned, this Court finds the same unmerited. In this regard, it shall be apposite to note that the Hon ble Supreme Court in Narcotics Control Bureau v. Kashif: 2024 SCC OnLine SC 3848 has held that any procedural irregularity or illegality found to have been committed in conducting the search or seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances and the other primary evidence collected during the course of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act. 11. In view thereof, when this Court considers the material placed on record by the respondent, specifically the fact that recovery of 15 bottles containing Heroin of about 3.60 kgs was made from the trolly bag of the present applicant at the IGI Airport, this Court is of the opinion that a prima facie case, at this stage, is made out against the applicant for commission of offences punishable under the provisions of NDPS Act. Notably, the applicant herein is a foreign national, and the trial is at a crucial stage i.e. the evidence of prosecution witnesses is being recorded. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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