Pauline Nalwoga Vs Customs (Delhi High Court)
Delhi High Court held that since court is unable to reach to conclusion that applicant is not guilty and also the threshold of section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not crossed, the bail application is rejected.
Facts- This application has been filed by applicant under Section 439, Code of Criminal Procedure, 1973 read with Section 37, Narcotic Drugs and Psychotropic Substances Act, 1985 seeking regular bail in case arising out of criminal complaint dated 08th July 2022, by Air Customs Officer, Terminal-3, Indira Gandhi International Airport, New Delhi. Said complaint was filed requesting the District Judge/Additional Sessions Judge (Special Judge NDPS) Dwarka Court, New Delhi to take cognizance of offences allegedly committed by applicant under Sections 8/21/23/28 of the NDPS Act.
Conclusion- Held that taking into consideration four times the commercial quantity of contraband seized from the instance of the applicant, there being no prejudicial infirmity in the process adopted by the respondent, rigours of Section 37, NDPS Act, and progressing trial, this Court is unable to reach a prima facie conclusion that applicant is not guilty of the offences and is unlikely to commit the same if enlarged on bail. The threshold of Section 37, NDPS Act not having been crossed, the application for bail cannot be granted.
