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2021 Supreme(Del) 383

SUBRAMONIUM PRASAD
In the Matter of: Mohd Ahsan – Appellant
Versus
Customs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amjad Khan.
For the Respondent: Mr. Vishal Chadha.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This is a petition under Section 439 Cr.P.C. for grant of regular bail in Complaint Case No. 62/2020 registered at Police Station Customs (IGI Airport, Delhi) under Section 21(c) and 23 (c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The facts in brief leading to the present petition are as follows:-

    (a) The petitioner was to travel Saudi Arabia by flight No. SV761/04. On suspicion of the security staff, he was handed over to Saudi Arab Airlines Staff and was further handed over with his baggage to the Customs Authorities by the Airlines Staff for further investigation.

(b) Notice under Section 50 of the NDPS Act was served on the petitioner and the personal search was conducted but nothing incriminating was recovered.

(c) The baggage of the petitioner was opened and examined. On opening it was found that the baggage was containing two big packets wrapped with brown tape. The first packet was opened and it was found that it contained 55 bottles of Phensedyl. The second packet was found containing 55 bottles of Phensedyl.

(d) The bottles recovered from the first packet and second packet were tagged separately in corrugate

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