After Seizure of Contraband At Airport, Accused to be Arrested Immediately even if further Seizure is Pending: Delhi HC Clarifies on Illegal Custody [Read Order]
She was served with notice under Section 50 of the NDPS Act and 102 of the Customs Act, 1962. After discharge, her statement was recorded under Section 67 NDPS Act and thereafter she was formally arrested on 07.07.2024 and produced before court for remand purpose.
The Delhi High Court clarified its position on illegal custody holding that after seizure of contraband at the airport, the accused is to be arrested immediately even if further seizure is pending.
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 was intercepted by the Customs officials on suspicion of carrying narcotic drugs/psychotropic substances. She was taken to the ‘Customs Prevention Room’ at IGI Airport and asked about the language in which she could communicate comfortably.
The applicant, Maria Nuemia Albertina, was served with notice under Section 50 of the NDPS Act and 102 of the Customs Act, 1962, and made to understand these proceedings with the help of artificial intelligence, i.e., Google Translator.
During personal search, eight capsules were recovered which she had concealed in her undergarments. She admitted to have ingested some capsules containing narcotic drugs which were concealed inside her body and expressed her willingness and consent to undergo proper medical procedure for its extraction.
A notice under Section 103 of Customs Act, 1962 was served and she was admitted to Safdarjung Hospital for medical examination and prevention observation, here 34 other capsules were recovered. These were found to be cocaine, weighing approximately 503 grams, this is a commercial quantity under NDPS Act.
After discharge, her statement was recorded under Section 67 NDPS Act and thereafter she was formally arrested on 07.07.2024 and produced before court for remand purpose. A complaint was filed on 25.12.2024, charges were framed on 21.02.2025 and the trial is underway.
A bail was sought on two grounds namely: (i) the applicant was not produced before the Magistrate within twenty four hours of detention and (ii) use of ‘artificial tool’ and the documentation after was improper by law to explain legal rights. The opposing counsel argued that since the foreign national is a flight risk, a bail cannot be granted.
The High Court observed that once the contraband had been recovered at the Airport, the accused should have been arrested immediately and should have been produced before the Court even if further recovery was to be effected. Thus, it can be held that the applicant remained in illegal custody of Customs from the date of interception till they were produced before the Court.
Justice Manoj Jain directed the applicant to be released on bail on her furnishing personal bond in a sum of INR 25,000/- with one ‘local’ surety of like amount, with additional conditions regarding information of her stay.
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
