TaxTMI 
TaxTMI 
2026 (3) TMI 1256
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....hine and when she was asked to pass through DFMD, nothing was recovered. However, on suspicion basis, she was taken to 'Customs Prevention Room' at IGI Airport itself. She was asked about the language in which she could communicate comfortably. She, reportedly, stated that she understood 'Portuguese' and 'French' and understood little English language. 3. She was served with notice under Section 50 of the NDPS Act and Section 102 of the Customs Act, 1962. 4. Interestingly, help of artificial intelligence (AI) tool i.e. Google Translator was taken by Customs to make her understand the proceedings. 5. During her personal search conducted at the spot, eight capsules were recovered, which she had concealed in her undergarments. She further admitted and informed Customs Officials that she had also ingested some pellets/ capsules containing narcotic drugs/ Psychotropic substance which were concealed inside her body and expressed her willingness and consent to undergo proper medical procedure for its extraction from her body. 6. A notice under Section 103 of Customs Act, 1962 was served and upon her consent, she was admitted to Safdarjung Hospital on 02.07.2024 for medical exa....
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....ial is underway and out of the cited 26 prosecution witnesses, only one witness has entered into the witness box so far, and therefore, apparently, as per learned counsel for applicant, there is no likelihood of trial concluding in near future, which makes her entitled to be released on bail. 12. Learned Senior Standing Counsel for Customs, while opposing the bail plea of the applicant, submits that statutory procedures and mandatory safeguards have been duly followed and the applicant was served with prescribed notices under Section 50 NDPS Act and Sections 102 and 103 of Customs Act and that the willingness of applicant was duly recorded before proceeding further in the matter. It is submitted that the recovery was transparent and independent panch witnesses were associated at every material stage and moreover, such aspects regarding alleged infraction or violation are subject matter of trial and cannot be adjudicated herein, at the stage of seeking bail. He contends that applicant is a foreign national with no permanent roots in India and is a flight risk, and therefore, the Court must not employ liberal approach in cases involving seizure of contraband of commercial quantity....
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.... to believe that any such person has any goods liable to confiscation secreted inside his body, he may detain such person and produce him without unnecessary delay before the nearest Magistrate. Thereafter, the magistrate, before whom any such person is brought, if he sees no reasonable ground for believing that such person has any such goods secreted inside his body, forthwith discharge such person. However, where any such Magistrate has reasonable ground for believing that such person has any such goods secreted inside his body and the Magistrate is satisfied that for the 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. 17. Undeniably, as per Section 103(8) Customs Act, nothing in said section shall apply to any person who admits that goods liable to confiscation are secreted inside his body, and who voluntarily submits himself for suitable action being taken for bringing out such goods. 18. Herein, I, however, do not come across any clear hint of specific willingness or admission, from the bare contents of notice. 19. First of all, a notice under Section 50 NDPS Act was served upo....
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....is discharge on 24.02.2022, he was produced before the Court on 25.02.2022. While granting bail to said accused, the following observations were made by this Court:- "20. Learned counsel for the applicant strongly relies upon Habiob Bedru Omer v. Customs, 2025 SCC OnLine Del 4263. In said recent case, almost of similar nature, though no recovery took place at the Airport itself, the concerned accused when taken to Safdarjung Hospital, 75 capsules containing contraband were recovered from him. Further requisite action was taken after his discharge from Safdarjung Hospital and the arrest was also 'post-discharge' and when the abovesaid aspects were brought to knowledge of the Court, while granting bail, learned Coordinate Bench observed as under:- 27. In the present case, admittedly, the documents of the respondent shows that there was specific intelligence/prior information with regard to the arrival of the present applicant with the contraband. It is, however, the case of the respondent in the complaint filed before the learned Special Court that the applicant was intercepted on the basis of suspicion/profiling. The sequence of events and record would reflect that....
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....eration for more than 2 years as of today." 21. Herein, admittedly, 19 capsules had been recovered immediately after the interception, when the applicant was taken to the toilet of IGI Airport itself. The contraband contained in 19 capsules, suspected to be cocaine, was seized, and thus offence stood revealed, then and there. In such a situation, the applicant should have been arrested immediately and produced before the Court, even if further recovery was to be affected. Thereafter, Customs, as per order of the Court, could have taken him to hospital for further easing out of capsules. In case, delay in hospitalization had any potential of resulting in health-hazard for the applicant, remand could have taken at the hospital also, by making appropriate request to the Court to come to the hospital for said purpose. Thus, applicant was, apparently, detained without any authorization, particularly when part-recovery had already taken place at Airport and offence stood revealed. Respondent cannot be absolved merely on the pretext that formal arrest was later. Thus, palpably, the applicant remained in illegal custody of Customs from the date of interception till 25.02.2022." ....