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 liberty.

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 notice under Section 103 of Customs Act, 1962 was also served to which applicant, as alleged, voluntarily, admitted that he had ingested capsules containing narcotic substance which were inside his body and submitted his willingness to undergo medical procedure for removal, thereof.

5. Resultantly, he was taken to RML Hospital where applicant eased out 54 more capsules, containing contraband.

6. Thus, there was total recovery of 73 capsules, which contained 986 grams of powdery substance.

7. The substance, suspected to be cocaine, was confiscated under section 43 of NDPS Act on 24.02.2022.

8. The applicant was discharged from RML Hospital on 24.02.2022 and his statement under Section 67 of NDPS Act was recorded on 25.02.2022 and thereafter he was put under arrest and seizure and arrest report under Section 57 of NDPS Act were prepared and he was produced before Court on 25.02.2022.

9. Abovesaid complaint was filed in the Court on 24.08.2022.

10. Trial is underway.

11. The prime-most grievance taken by the applicant is to the effect that once the applicant had already been intercepted and suspected concealing contraband inside his body, he should have been produced before the Magistrate. Moreover, once there was alleged recovery of 19 capsules at the toilet of IGI Airport itself, there should have been, thereafter at least, requisite compliance of the mandatory provisions as contained under NDPS Act and his immediate production before the court but neither he was produced before the Court nor any endeavour was made by Customs to send any communication to the concerned Court, with respect to the abovesaid arrest and recovery. So much so, notice under Section 57 of NDPS Act was prepared on 25.02.2022, which was beyond the prescribed limit of 48 hours. Referring to upon Habiob Bedru Omer v. Customs , 2025 SCC OnLine Del 4263, it is argued that neither the applicant was ever presented before any magistrate nor the customs officers obtained any permission from the magistrate to extract further drugs from his body and, therefore, he remained in illegal custody. Relying on Directorate of Enforcement v. Subhash Sharma 2025 INSC 141 , it is emphasized that once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Articles 21 and 22 of the Constitution of India have been violated whi