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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Kitoko Ngiembo Alain – Appellant
Versus
Customs – Respondent
JUDGMENT :
MANOJ JAIN, J.
1. Applicant seeks bail in complaint case No. VIII(AP)(10)P&I/3358-DARRIVAL/2022 registered at PS IGI Airport for commission of offences under Section 8 /21/23/28 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).
2. The applicant, a foreign national and holder of Congolaise Passport (Democratic Republic of Congo), landed on 20.02.2022 at Terminal-3, IGI Airport, New Delhi by a flight coming from Addis Ababa. He walked through Green Channel and when asked whether he was carrying gold or contraband, he replied in negative. On screening, nothing suspicious was recovered, either from his person or his bag. However, since the Custom Officials remained suspicious, they made further inquiry which brought fore to the fact that he had ingested some pellets/capsules containing some narcotics substance. On asking whether he required any medical assistance for extraction of such pellets/capsules, he expressed his desire to go to toilet where he was taken and where he extracted 19 numbers of capsules/pellets.
3. The abovesaid extracted capsules were taken into possession same day i.e. on 20.02.2022. These, allegedly, contained contraband.
4. A no
The court emphasized that violation of procedural safeguards in drug-related arrests can lead to unlawful custody, reinforcing the necessity of prompt judicial oversight and the fundamental right to ....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court ruled that mere procedural lapses do not justify bail in cases involving commercial quantities of narcotics, emphasizing the presumption of conscious possession under the NDPS Act.
Compliance with procedural requirements does not negate the integrity of seized evidence if custody is maintained, impacting bail decisions in narcotics cases.
The main legal point established in the judgment is that possession of commercial quantity contraband invokes the rigour of Section 37 of the NDPS Act, precluding bail. The judgment also emphasizes t....
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
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