Bail under the NDPS Act requires satisfaction of reasonable grounds of innocence; procedural safeguards do not apply if recovery occurs during routine security checks.

ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicants herein are accused Nos.2 and 3 in O.R. No. 6 of 2019 of the Narcotics Control Bureau, Cochin (“NCB” for short) registered under Section 8 (c) r/w. Section 22 (c), 23 (c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS” Act for short).

3. The factual backdrop as outlined from the case records made available by the prosecuting agency are as follows:-

(a) On 6th of October 2019, at about 22.40 hours, information was received by the Intelligence Officer, NCB, Sub Zone, Kochi from the CISF Control Room, Cochin International Airport to the effect that some suspicious items akin to methamphetamine, a psychotropic substance, covered under NDPS Act, 1985 were detected during security frisking by CISF from the body of three passengers, namely, Asarat Ali bound for Kualalumpur by an Air Asia flight, and two others by name, Mohammed Ameen and Mohammed Arsath, both bound for Doha by Air India Express flight. An official request was made to examine the contraband found on the body of the passengers and further to take necessary action.

(b) On receipt of the information, a team headed by the Intelligence Officer, NCB, Kochi was formed and he was designated as the seizing officer in case of interception.

(c) The intelligence officer along with this team reached the office of the Assistant Commandant, CISF, Cochin International Airport. In the Security hold area, the suspects were found in the custody of CISF officials. The Assistant Commandant, Sri. Kripan C.B, was also present.

(d) The NCB officers noticed that the contraband had already been seized and the accused were standing with their hand baggage. The CISF officers handed over the suspects, the contraband allegedly seized from each of them and their hand baggage. On interrogation, they were found to be persons whose permanent place of abode was in the State of Tamil Nadu. The contraband seized by the CISF was then inspected by the NCB officers. The officers were told by the CISF that the contraband was found stitched to the inside of the underwear of each of the suspects and it was during routine frisking that was detected. The contraband was tested separately with field testing kit and it is alleged that it gave positive result for the presence of methamphetamine. Each of the sachets were separately weighed and methamphetamine found in the possession of the 1st accused was found to weigh 221 gms; from the 2nd accused to be 283 gms by weight; and from the 3rd accused to be 260 gms by weight. The contraband was sealed and labelled in accordance with law.

(e) After completing the formalities, a notice was served independently on the accused under Section 50 of the NDPS Act and they were informed of their right to be searched in the presence of a gazetted officer. The search was accordingly conducted in the presence of Sri. Kirpan C.B., the Assistant Commandant CISF. In the course of personal search, items such as boarding pass, identification cards, Indian and foreign currency, et cetera were seized from the possession of each of the accused. The items so seized were separately packed and labelled. The preparation of the mahazar commenced at 00.05 hours on 7.10.2019 and it was completed on the spot at 5.00 hours on 7.10.19. A copy of the mahazar was provided to the accused.

(f) Thereafter, summons was issued under Section 67 of the NDPS Act to the accused requisitioning their appearance before the Intelligence Officer, Kochi for recording their voluntary statements. On 8.10.2019 their statements were recorded. On the same day, at 30 minute intervals, commencing from 6 pm., the arrest of the accused were recorded. On 9.10.2019, the accused were produced before learned Judicial Magistrate of the First Class, Angamaly and were remanded. It also appears that a detailed inventory was prepared in the presence of the learned Magistrate.

4. Sri. Babu S. Nair, the learned counsel appearing f