* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.03.2026 Judgment delivered on: 17.03.2026 + BAIL APPLN. 4689/2025 MARIA NUEMIA ALBERTINA .....Petitioner versus CUSTOMS .....Respondent Advocates who appeared in this case:

For the Petitioner: Mr. Rohan Gupta with Mr. Anoop Kumar Gupta, Advocates.

For the Respondent: Mr. Vishal Chadha, Sr. Standing Counsel for Customs with Mr. Chandan Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

1. Applicant seeks regular bail in case, Complaint case No. VIII(AP)(10)P&I/4995-A/ARRIVAL/2024, registered at P.S. registered against her for commission of offences under Sections 8, 21, 23 and 28 of NDPS Act, Narcotic Drugs and Psychotropic Substances Act, 1985

2. As per prosecution‟s case, on the basis of secret information, a team was mounted at the exit gate of Flight No. 6E1308 at Terminal-3 of Indira Gandhi International Airport. The applicant, a foreign national, landed on 02.07.2024 and was intercepted by the Customs officials on suspicion of carrying narcotic drugs/psychotropic substances. Initially, on scanning of her baggage through X-Ray machine and when she was asked to pass through DFMD, nothing was recovered. However, on suspicion basis, she was taken to „Customs Prevention Room‟ at IGI Airport itself. She was asked about the language in which she could communicate comfortably.

Customs, IGI Airport, Delhi

She, reportedly, stated that she understood „Portuguese‟ and „French‟ and understood little English language.

3. She was served with notice under Section 50 of the NDPS Act and Section 102 of the Customs Act, 1962.

4. Interestingly, help of artificial intelligence (AI) tool i.e. Google Translator was taken by Customs to make her understand the proceedings.

5. During her personal search conducted at the spot, eight capsules were recovered, which she had concealed in her undergarments. She further admitted and informed Customs Officials that she had also ingested some pellets/ capsules containing narcotic drugs/ Psychotropic substance which were concealed inside her body and expressed her willingness and consent to undergo proper medical procedure for its extraction from her body.

6. A notice under Section 103 of Customs Act, 1962 was served and upon her consent, she was admitted to Safdarjung Hospital on 02.07.2024 for medical examination where she was kept under preventive observation and later egested 34 more capsules.

7. There was, thus, total recovery of 42 capsules and upon testing, the content in such capsules was found to be Cocaine. The total recovered substance weighed approximately 503 grams, which is commercial quantity under NDPS Act.

8. The applicant was, eventually, discharged from Safdarjung Hospital on 06.07.2024. Her statement under Section 67 NDPS Act was recorded on

07.07.2024 and she was, thereafter, formally arrested same day and was produced before court for remand purpose.

9. A complaint was filed in the Court on 25.12.2024.

10. Charges were framed on 21.02.2025 and trial is underway.

11. The bail is being sought for multiple reasons. Firstly, the applicant had been apprehended on 02.07.2024 and thereafter remained in the custody of the respondents-Customs without being produced before the Magistrate within twenty-four hours of such detention. Learned counsel for the applicant submits that once she had already been intercepted and recovery had been made at the Airport itself, she ought to have been produced before the Magistrate, immediately. On the contrary, she was taken to Safdarjung Hospital and was kept under detention there in illegal and unlawful manner. It is argued that such detention is in violation of Article 22(2) of the Constitution of India read with Section 58 of BNSS, Bharatiya Nagarik Suraksha Sanhita 2023, as she was not produced before the nearest Magistrate within twenty- four hours and no custody remand or special order under Section 187 BNSS was obtained. It is also contended that the period of twenty-four hours is require