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TaxTMI 
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2025 (12) TMI 1541
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.... 8/21/23/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"], PS IGI Airport. Brief Facts 2. The prosecution case, in brief, is that on 10.04.2022, the petitioner arrived at Terminal-3, IGI Airport, New Delhi from Sharjah. On the basis of suspicion, she was intercepted at the Green Channel by Customs officials. Despite no contraband being detected during baggage X-ray or DFMD screening, her conduct remained suspicious. Two independent panch witnesses were called, and the petitioner, along with her baggage, was taken to the Customs Preventive Room for further verification. 3. Notices under Section 50 of the NDPS Act and Sections 102 and 103 of the Customs Act, 1962 were duly served upon the petitioner. She wa....
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....rned counsel appearing for the petitioner contended that the petitioner has been falsely implicated and that the prosecution case is vitiated due to non-compliance with mandatory provisions of the NDPS Act and the Customs Act. 9. It was argued that the petitioner was intercepted at the Airport on 10.04.2022 on basis of suspicion that she is carrying contraband and the alleged recovery of contraband was effected from the petitioner by 12.04.2022, yet she was kept at the hospital till 18.04.2022. This extended stay of 6 days, it was argued, constitutes as illegal detention as the procedure under Section 103 of the Customs Act was violated, inasmuch as the petitioner was neither produced before a Magistrate nor was judicial permission obtai....
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....sed the bail application and submitted that the petitioner was apprehended with a commercial quantity of heroin, thereby attracting the statutory embargo under Section 37 of the NDPS Act. 13. It was argued that all statutory procedures and mandatory safeguards were duly followed. The petitioner was served with notices under Section 50 NDPS Act and Sections 102 and 103 of the Customs Act, and her consent was recorded in writing. The recovery was effected in a lawful and transparent manner and independent panch witnesses were associated at every material stage. Even though recovery was affected by 12.04.2022, she remained admitted in hospital as per doctor's advice for post-op care to avoid any ruptures. 14. Learned SPP submitted that t....
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.... purpose of discovering such goods it is necessary to have the body of such person screened or X-rayed, he may make an order to that effect. Similarly, Section 103(6) of the Customs Act provides that upon receipt of a report from a radiologist, if the Magistrate is satisfied that any person has any goods liable to confiscation secreted inside his body, he may direct that suitable action for bringing out such goods be taken on the advice and under the supervision of a registered medical practitioner and such person shall be bound by such directions. 18. Admittedly, no such orders, as aforesaid, were obtained from the Magistrate. However, a notice under Section 103 of the Customs Act was served upon the petitioner and in response to such n....
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.... tested during trial. 20. Insofar as, the argument of learned counsel for the petitioner relating to the alleged violation of Section 52-A NDPS Act and Standing Order No. 1/88, particularly on account of mixing of the contents of the capsules, is a matter to be tested during the trial and is not a ground for grant of bail. Section 52-A NDPS Act is directory is nature and its non-compliance in itself cannot render the actions of the Investigating Officer null & void. Further, in regards to the procedure under section 52 of NDPS Act, it shall be apposite to note that the Hon'ble Supreme Court in Narcotics Control Bureau Vs. Kashif [2024 SCC OnLine SC 3848] has held that any procedural irregularity or illegality found to have been commi....
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....rmissible, as such offences pose grave danger to public health and societal order. Drug trafficking not only affects individual victims but has a corrosive impact on the fabric of society. In the present case, the gravity of the offence alleged against the petitioner cannot be understated. 22. On the basis of the record, it cannot be said that there is no material against the petitioner. The Petitioner's active participation and intent in ingesting the said contraband tablets suggests that she was consciously facilitating the illegal trade of the contraband. This is sufficient to establish prima facie conscious possession under the NDPS Act. The Supreme Court in the case of Mohan Lal Vs. State of Rajasthan [2015 (6) SCC 222] has clarifie....