Delhi HC denies Bail to Kenyan National for Smuggling Commercial Quantity of Cocaine [Read Order]

The Delhi High Court has dismissed the bail application of a Kenyan national, who was apprehended for smuggling a commercial quantity of cocaine. In view of the grave and serious nature of the allegations, the commercial quantity of cocaine recovered, and the legislative intent behind Section 37 of the NDPS Act, the court found it inappropriate to enlarge the petitioner on bail.

The petitioner, Lilian Nyambura was intercepted by Customs authorities at Indira Gandhi International Airport on 26.12.2023 upon her arrival from Addis Ababa. Following her admission to ingesting narcotic substances, she excreted a total of 80 capsules containing 789 grams of cocaine, both at the airport and subsequently at Safdarjung Hospital. She was arrested on 06.01.2024 for offences under Sections 8/21/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Counsel for the petitioner submitted that she had been in custody since January 2024 and argued that there were procedural violations by the authorities, including non-compliance with Sections 103 and 50 of the Customs Act, 1962, and Section 52A of the NDPS Act. He sought her release on bail.

Per contra, the court considered the stringent provisions of Section 37 of the NDPS Act, which applies to offences involving a commercial quantity of contraband. The court reiterated the well-settled legal position that in such cases, "negation of bail is the rule and its grant is an exception." The court referred to precedents of the Hon'ble Apex Court, emphasizing that the twin conditions under Section 37(1)(b) – that the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail – are mandatory and cumulative.

A single bench of Justice Amit Mahajan observed that the act of concealing the contraband by ingesting it was sufficient to prima facie establish conscious possession. The court noted that the petitioner had been in custody for a considerable period, but held that the passage of time or the pendency of the trial could not, by themselves, be grounds to dilute the rigour of Section 37, especially given the direct recovery of a large quantity of contraband.

The court further stated that the procedural irregularities alleged by the petitioner were matters to be examined during the trial and could not be the basis for granting bail at this stage.

In view of the grave and serious nature of the allegations, the commercial quantity of cocaine recovered, and the legislative intent behind Section 37 of the NDPS Act, the court found it inappropriate to enlarge the petitioner on bail. The application was accordingly dismissed, with the clarification that the observations in the order were confined to the bail application and would not influence the outcome of the trial.

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