Sekeleti Doris Vs Customs (Delhi High Court)
Delhi High Court, in the case of smuggling of Methaqualone denied the bail application since threshold of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not having been crossed.
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 09th June 2022 by Air Customs Officer, Terminal-3, Indira Gandhi International Airport, New Delhi. Said complaint was filed before the Special Judge (NDPS), Dwarka Court, New Delhi to take cognizance of offences allegedly committed by the applicant under Sections 21/23/29 of the NDPS Act.
Conclusion- In the present case, the seizure was done on 12 December 2021 when the applicant was apprehended at Terminal 3, Indira Gandhi International Airport, New Delhi. On interrogation, she denied carrying any contraband, however, a search of her baggage revealed about 1.873 kg Methaqualone valued at approximately Rupees 93.67 lacs. It is pertinent to note that the threshold for commercial quantity of Methaqualone is 500 grams.
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.
