* IN THE HIGH COURT OF DELHI AT NEW DELHI %

Pronounced on:5th March, 2025 + BAIL APPLN. 4790/2024 SOM DUTT SHARMA S/o Late Sh. Jagdish Prasad Sharma R/o G-1, Plot No. 35, Gyan Khand-2, Indirapuram, Ghaziabad, UP-201014 ....Appellant Through: Mr. A.K. Mishra, Mr. Sudhanshu Dwivedi, Mr. Arpit Mishra and Mr.

Anik Srivastav, Advocates.

versus DIRECTORATE OF REVENUE INTELLIGENCE, ABHINAV SETH, INTELLIGENCE OFFICER, HEADQUARTERS NEW DELHI ....Respondent Through: Mr. Satish Aggarwal, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. First Regular Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.‟)/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as „NDPS Act‟) has been filed on behalf of the Appellant, Mr. Som Dutt Sharma claiming regular Bail in Signature Not Verified BAIL APPLN. 4790/2024 Page 1 of 19 Digitally Signed Complaint bearing SC No. 180/2024 under Section 21/23 and 29 of the NDPS Act, 1985.

2. As per the case of Directorate of Revenue Intelligence (hereinafter referred to as „DRI‟ ), information was received in the Office of Directorate of Revenue Intelligence, Headquarters that Mr. Som Dutt Sharma (Applicant) holding an Indian Passport No. T0949210 would be arriving at Tribunal-3, Indira Gandhi Airport (hereinafter referred to as „IGI Airport‟), New Delhi by Ethiopian Airlines Flight No. ET920 dated 18.09.2023 from Accra (ACC), Ghana to Addis Ababa (ADD) via Flight No. ET686 dated 19.09.2023, would be arriving at New Delhi at 08:10 hrs on 19.09.2023 and that he has concealed some Narcotics Drugs/Psychotropic substances in his baggage or on his person.

3. A team of DRI officers reached the IGI Airport, New Delhi and in the morning of 19.09.2023, the Applicant was intercepted near the Exit gate of Customs Arrival Hall by the DRI officers in the presence of the Independent witnesses. The Applicant was escorted to Custom’s Room situated at Customs Arrival Hall of the T-3, IGI Airport and was asked if he was carrying any kind of Narcotic Drugs/psychotropic substances as his activities seemed suspicious, to which he replied in negative.

4. At the time of interception, Mr. Som Dutt, the Applicant was found to be carrying black colour back pack bag and two checked-in baggage i.e. one green colour Trolley bag having marking “KAMILIANT” and second brown colour trolley bag wrapped with transparent colour polythene sheet with a marking “SARAFOU” and baggage tag. He was asked to get his Back Pack and two checked-in baggage scanned through X-Ray inspection Machine.

Signature Not Verified BAIL APPLN. 4790/2024 Page 2 of 19 Digitally Signed Nothing suspicious could be noticed in the Back Pack and the green Trolley bag, but some suspected/suspicious images were noticed in the brown Trolley bag. The Applicant was asked to pass through the Door Frame Metal Detector (DFMD), but no beep sound was heard.

5. Notice under Section 50 of the N.D.P.S. Act, 1985 was given and he was informed about the requirement of his personal search and of the baggage carried by him. He was also apprised about his legal rights about his personal search and the search of hand carry bag, which could be conducted in the presence of Magistrate or Gazetted Officer, to which the Applicant gave his written consent on the body of the Notice itself that the personal search and search of the Backpack may be conducted by the DRI officials.

6. On his personal search and search of Back Pack, $1041 along with personal documents and personal belongings were found. The relevant documents were retained while the originals were returned to the Applicant. 7. On opening of the brown colour trolley bag, it was found to contain clothes. On removal of the clothes, trolley bag was found to be heavier than usual. It was found to have