Accused Of Ingesting Narcotic Capsules Kept In Custody By Customs Dept. For 6 Days Without Authorisation: Delhi High Court Grants Bail
Accused Of Ingesting Narcotic Capsules Kept In Custody By Customs Dept. For 6 Days Without Authorisation: Delhi High Court Grants Bail
The Delhi High Court has granted bail to the person accused of ingesting narcotic capsules, who was caught at IGI airport.
The bench of Justice Amit Sharma has observed that the applicant was in the continuous custody of the customs department from 21.05.2023 till 26.05.2023 without any authorisation “Handing Over” and “Taking Over” memos annexed with the complaint leaves no manner of doubt that the custody of the applicant was being transferred from one Officer to the other on the basis of the rotational duties. The custody without any authority and without producing him before the concerned Magistrate or Special Court within 24 hours in accordance with law is completely illegal.
The court stated that even if the applicant was under medication for the procedure being carried out, the same cannot be a ground to keep him in custody. Magistrates exercising power of remand or otherwise in respect of persons in hospital is not unheard of and a well recognised procedure in law.
The applicant, who is holder of Ethiopian Passport and arrived from Addis Ababa at Terminal-3, IGI Airport, New Delhi, and was intercepted by Customs Officer on suspicion/profiling. The applicant was taken at Green Channel for the X-ray of his baggage.
The accused was served with notice under Section 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, so in order to do screening/x- ray of his body, notice under Section 103 of the Customs Act was served to him whereby he was informed that x-ray/screening of his body is required, to which he consented and he admitted that he had ingested some pellets/capsules containing some narcotic substances and further voluntarily submitted his willingness for undergoing procedure for removal of the said secreted capsules/pellets from his stomach.
The applicant was then taken to Safdarjung Hospital, New Delhi for x-ray/CT scan/Medical Examination. During the medical examination, the applicant was found to have swallowed some capsules and accordingly, the applicant was admitted into the aforesaid hospital. During his stay in hospital, the applicant eased out the swallowed capsules and accordingly, 3 panchnamas were prepared, one on 21.05.2023 and two on 22.05.2023, in Emergency Building of the Safdarjung Hospital whereby, 75 capsules of contraband were allegedly recovered from him. The recovered capsules were kept in separate plastic containers and were sealed after affixing paper slip duly signed by Customs Officers, panchas and the accused/applicant.
The petitioner contended that the consent was allegedly given by the applicant when notice under Section 103 of the Customs Act was served to him for screening/X-ray of his body for the detection of narcotic substances ingested by the applicant. The customs department had not even informed the local police regarding the applicant being taken to hospital. It is further submitted that the respondent had not informed any relative or any other person regarding the detention of the applicant prior to his formal date of arrest, i.e., between 21.05.2023 to 26.05.2023, and also, the fact that he has been taken to hospital for ejecting out of the aforesaid alleged capsules.
The department contended that the present case is not of prior information or any specific intelligence as the present applicant was apprehended on suspicion/profiling while he was passing through the green channel for X-Ray of his baggage and thus, the question of non-compliance of Section 42 of the NDPS Act does not arise. The applicant was served with notice under Section 102 of the Customs Act, 1962, and Section 50 of the NDPS prior to his personal and baggage search at the airport itself.
The court allowed the application directed that the applicant to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of like amount to the satisfaction of the learned Trial Court/Link Court, further subject to the various conditions.
Firstly, the applicant shall not leave India without the prior permission of the learned Trial Court.
Secondly, the applicant is directed to give all their mobile numbers to the Investigating Officer and keep them operational at all times.
Thirdly, the applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
Lastly, in case, it is established that the applicant has tried to tamper with the evidence, the prosecution will be at liberty to apply for cancellation of his bail.
Case Details
Case Title: Habiob Bedru Omer Versus Customs
Case No.: BAIL APPLN. 1978/2024
Date: 3rd June, 2025
Counsel For Petitioner: Arun K. Srivastva
Counsel For Respondent: Jatin Singh
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.
