The main legal point established is that the compliance with the procedure prescribed under the NDPS Act and the handling of seized drugs can be established by the petitioner during his evidence in defense and can be raised before the trial court at the time of final arguments.

JUDGMENT

Suresh Kumar Kait, J. - Vide present petition, petitioner is seeking regular bail. He is in custody since 31.03.2015 and is facing trial in SC No. 9164/2016 for allegedly committing offences under Sections 21 & 23 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the NDPS Act ).

2. The allegations against the petitioner, as spelt out in the complaint filed by Narcotic Control Bureau (NCB), are that on 29.03.2015, upon receipt of secret and reliable information that a South African national, namely, Bobby Collins Anagor, having passport No.A02601093, is coming to Delhi from Sao Paolo via Dubai by Emirates Airway Flight No. EK 510 and is suspected to carry narcotic drug and psychotropic substance inside his body and might carry some drug in his baggage. Accordingly, a raiding team was constituted, which reached the IGI Airport, Terminal-3, New Delhi at around 08:30 a.m. Enquiries were made from IGI Airport custom officials as well as Emirates Airways staff with regard to Flight No. EK 510 and on arrival of flight passports of all the passengers were checked. Petitioner having passport No. A02601093 was identified and when he reached at custom counter, the NCB team introduced themselves and the secret information was shared with him. Thereafter, notice under Section 50 of the NDPS Act was served upon the petitioner and procedure prescribed therein was explained to him. He was taken to the CISF room where his baggage was physically examined but nothing incriminating was recovered there-from.

3. As per the prosecution, petitioner was offered tea and snacks at the Airport but he refused to eat and drink and upon enquiry, he disclosed that he was carrying some pellets/capsules of drugs in his stomach and so he does not want to eat and drink anything. Thereafter, Notice under Section 67 of NDPS Act was served upon him and he agreed to accompany the NCB team to their office where he tendered his voluntary statement in his own handwriting, wherein he disclosed having swallowed pellets/capsules of drugs which were in his stomach and requested the NCB team to take him to the hospital as he was feeling uncomfortable due to pellets/capsules of drugs being inside his body for a long time. The NCB team, after following due procedure for search and seizure and collecting necessary items like weighing machine, DD kit, IOs kit etc. reached at Safdarjung Hospital where two persons, namely, Pooran Singh and Rajeshwar Singh, both working at Safdarjung Hospital, voluntarily agreed to become independent witnesses to the search and seizure proceedings.

4. Under the directions of CMO, Safdarjung Hospital, Dr. Kashika proceeded for medical examination of petitioner and after his X-ray and CT scan, it became apparent that small pellets/capsules were concealed inside petitioner s body. Hence, petitioner was admitted in emergency surgical ward for removal of pellets/capsules from his body.

5. On the same day i.e. 29.03.2015 at around 06:30 p.m. petitioner passed out 11 pellets/capsules of drugs from his body during passage of stool. Similarly, at around 08:40 p.m. 10 pellets/capsules; at around 10:05 p.m. 10 pellets/capsules and at about 11:30 p.m. 06 pellets/capsules of drugs were excreted during passage of stool. On the next day, i.e. 30.03.2015 at about 02:00 a.m. again 05 pellets/capsules; at about 04:00 a.m. 05 pellets/capsules; at about 06:00 a.m. 02 pellets/capsules; at about 07:45 a.m. 05 pellets/capsules; at about 08.50 a.m. 03 pellets/capsules and at about 11:00 a.m. 02 pellets/capsules were passed out during passage of stool by petitioner. These pellets/capsules were washed and kept inside a polythene packet.

6. Further, at about 11:40 a.m. to check as to whether all the pellets/capsules have been removed from petitioner s body, his X-ray and CT scan was carried out and it was opined that no further pellets/capsules could be seen inside his body, but he was kept under observations.

7. Thereafter, pellets/capsul