Habiob Bedru Omer Vs Customs (Delhi High Court)
Bail under NDPS granted as accused was under custody without producing before Magistrate or Special Court
Delhi High Court held that custody under Narcotics Drug and Psychotropic Substances Act [NDPS] without any authority and without producing him before the concerned Magistrate or Special Court within 24 hours is completely illegal. Accordingly, present bail application allowed.
Facts- On 21.05.2023, the applicant arrived from Addis Ababa at Terminal-3, IGI Airport, New Delhi, and was intercepted by Customs Officer on suspicion/profiling. Thereafter, he was served with notice u/s. 102 of the Customs Act, 1962, and Section 50 of the NDPS Act. Personal and baggage search of the applicant was conducted but nothing was found. However, it was suspected that he was concealing narcotic substance inside his body and on further enquiry, the applicant accepted that he has concealed some capsules in his body.
The applicant was arrested vide arrest memo dated 26.05.2023, by the Customs Officer and produced in the Court, where he was remanded to judicial custody. On completion of investigation, complaint was filed before Special Court on 21.11.2023. Charges were framed by Special Court vide order dated 31.01.2024, whereby the applicant was charged for commission of offence punishable u/s. 21(c)/23(c) r.w.s. 8 of the NDPS Act and the matter is presently at the stage of prosecution evidence.
