Lilian Nyambura Vs Air Customs (Delhi High Court)
The Delhi High Court addressed an application for regular bail filed by an individual, stated to be a Kenyan national, for alleged offences under Sections 8/21/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The applicant was intercepted by Customs Authorities at Indira Gandhi International Airport, New Delhi, on December 26, 2023, upon arrival from Addis Ababa due to suspicious behaviour. Following the service of notices under Sections 102 and 103 of the Customs Act, 1962, and Section 50 of the NDPS Act, nothing suspicious was found in the applicant’s baggage. Upon further inquiry, the applicant admitted to having ingested capsules containing narcotic substances. The applicant then excreted 50 oval shaped capsules at the airport. Subsequently, while at Safdarjung Hospital for medical examination, the applicant excreted 30 more swallowed capsules. These 80 recovered capsules were later confirmed to contain 789 grams of cocaine, a quantity that exceeds the threshold for commercial quantity under the NDPS Act. The applicant was discharged from the hospital on January 5, 2024, and arrested on January 6, 2024.
The applicant’s counsel argued for bail based on several technical grounds, including alleged non-compliance with Section 103 of the Customs Act, 1962, arguing the notice only consented to X-ray screening and not invasive procedures for excretion. Non-compliance with Section 50 of the NDPS Act was also alleged, citing the service of a single notice despite multiple recoveries on different dates. Furthermore, the applicant contended there was non-compliance with Section 52A of the NDPS Act due to a delay of over two months in drawing samples before the Magistrate, which occurred on February 21, 2024.
