1990 (7) TMI 111

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... him travel documents being bills issued by Regal Glass Wares, passenger ticket and passport. He also had handed over the declaration form. Onu informed the Petitioner that he would be leaving on 9th or by the next available flight. As it was necessary to mention the date of departure in the instructions form, the Petitioner wrote 9th November 1989 as date of departure. The wooden plank on the top of the crate was not nailed. It was to be checked by the Customs. On 8th November 1989, the Petitioner opened the crate to make inventory of the articles. He found that the crate contained crockery. The side wooden planks used for packing were rather heavy which arouse suspicion of the Petitioner. The Petitioner, in the presence of his two servant....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arned Special Public Prosecutor for the Customs, argued that the conduct of the Petitioner in not informing the authority immediately would show that there was a conspiracy and the Petitioner abetted the offence of exporting narcotics. He argued that under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Petitioner is not entitled to bail. 5. It is not the prosecution case that the Petitioner himself attempted to smuggle the drugs. There is no dispute that one Onu had entrusted the crate to the Petitioner for sending it to Lagos as unaccompanied luggage. It is not disputed that the Petitioner is working as a clearing agent. The clearing agent is required to present the unaccompanied luggage for checking by Cust....