Maria Nuemia Albertina Vs Customs (Delhi High Court)
The case concerned a bail application filed by a foreign national accused under the provisions of the NDPS Act after recovery of cocaine at Indira Gandhi International Airport. The applicant was intercepted on arrival based on suspicion, and although initial scanning revealed nothing, she was taken to a Customs room where eight capsules containing contraband were recovered from her person. She further disclosed ingestion of additional capsules, leading to her admission to Safdarjung Hospital, where 34 more capsules were recovered, totaling 42 capsules weighing approximately 503 grams, constituting a commercial quantity.
The applicant was discharged from the hospital on 06.07.2024, her statement was recorded on 07.07.2024, and she was formally arrested the same day. She contended that she had been detained from 02.07.2024 without being produced before a Magistrate within 24 hours, thereby violating constitutional safeguards under Article 22(2) and statutory provisions. She also challenged the validity of procedural compliance, including the use of an AI-based translation tool to explain notices, arguing that the translated documents did not record her responses and failed to establish that she was properly informed of her rights.
The prosecution argued that all statutory safeguards were followed, that the applicant voluntarily consented to medical procedures, and that procedural issues should be examined during trial. It also emphasized the seriousness of the offence and the applicant’s status as a foreign national.
