Ahmed Hassan Muhammed Vs Customs (High Court Of Delhi)
The fact of the present case is that prosecution has mixed all the packets and thereafter, sent to FSL for examination, which is contrary to the procedure prescribed under the law.
This Court is informed that the petitioner is a Somalian National resident and his Refugee Certificate issued by UNHCR (United nation High Commissioner for refugees) was valid till 20/12/2019. Hence, he has a valid document to stay in India at the time of his arrest. He is in judicial custody since 04.02.2019. No doubt the recovered substance in the present case is of commercial quantity, however, the procedure prescribed is contrary to the dictum of this Court. This court is informed by learned counsel for the petitioner that petitioner is not a habitual offender and is not likely to get involved in any other case during bail. Thus, petitioner has qualified twin conditions of Section 37 of NDPS Act.
Keeping in view the aforesaid fact, I am of the view that petitioner deserves bail. Accordingly, petitioner is directed to be released on bail forthwith on his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount, to the satisfaction of the Trial Court.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. Petitioner is accused in Complaint No. VIII/SIIB/CUS/ACC Import/Angel/19/2019, registered for the offences under Sections 8/22/23/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the “NDPS Act”). He was arrested on 05.02.2019 and since then, he is in judicial custody. Vide this petition, petitioner is seeking bail during pendency of trial.
2. The allegations levelled against him by the petitioner are that on 30.01.2019, on receipt of secret information that some contraband goods would be imported from Addis Abbaba by Ethiopian Airlines vide Air Way Bill No. 07133613576 in a consignment of packet of green tea, Sh. Lal Singh Maroria, Superintendent, SIIB, ACC, Import, New Custom House, New Delhi, the same was placed by him before his immediate Superior Sh. Sukanta Das, Deputy Commissioner (SIIB), further placed it before his senior Ms. S. Vijayarani, Joint Commissioner (SIIB) for further directions. The Joint Commissioner directed Superintendent Lal Singh and Ramesh to keep surveillance and follow up the arrival of aforesaid consignment. The directions were conveyed to the Deputy Commissioner and air cargo information available on internet was searched and it was found that AWB had confirmed a cargo booking Vide Ethiopian Airline No. ET 686 dated 22.01.2019, ET 688 dated 30.1.2019 and ET 686 dated 01.02.2019. It was also secretly gather that on ET 686 dated 22.02.2019, the cargo had not arrived and a watch was kept on ET 688 dated 30.01.2019 but then also the consignment did not reach and hence a constant watch was kept on ET 686 dated 01.02.2019 as well as through Indian Customs EDI System. They also had the information that in the guise of green tea, khat leaves (also known as Kat/Qat/Chat/Mira), which is listed in the list of psychotropic substances at S. No. 1 10x of the Schedule of NDPS Act, as per Ministry of Finance, Department of Revenue Notification issued from F No. 120 19/3/2016 dated 27.02.2018, however, possibility of any other kind of contraband could not be ruled out. On 01.02.2019, it was found that Import General Manifest (IGM) No. 1559970 for FLT No. ET 686 was filed which showed that 10 packages of dry chat shipped under AWB under reference had arrived on 01.02.2019 and immediately Ethiopian Airlines were contacted to submit a copy of AWB and it was found that the goods were mentioned as dry chat in the AWB and the consignee were one AGEL incorporation and the address mentioned there-on was not proper. Since the address looked vague, therefore, the Airlines officials were asked to provide the correct name of the consignee and it was informed that M/S Angel Incorporation was the consignee. Immediately shipments of M/S Angel Incorporation through Air Cargo Imports were checked through ICES system and it was informed that two previous consignments of the said firm pending clearance are as below:-
