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Date: 26.06.2025
Delhi High Court- Customs Detention in NDPS Case Declared Illegal
The Delhi High Court has granted bail to Appellant, an Ethiopian national, in a case involving alleged drug trafficking under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court held that the petitionerβs prolonged detention by Customs officials without producing him before a magistrate constituted a violation of Articles 21 and 22 of the Constitution of India.
Background
Appellant was intercepted by Customs officials at IGI Airport, Delhi on 21 May 2023 after he was suspected of concealing drugs internally. He voluntarily admitted to ingesting 75 capsules containing methaqualone and cocaine, which were medically removed at Safdarjung Hospital. Despite this, he was only formally arrested by the Customs Department on 26 May 2023.
The NDPS recovery was significant:
- Cocaine Hydrochloride: 424 grams
- Methaqualone: 536 grams
- Total: 960 grams, qualifying as a commercial quantity.
Appellant filed a bail application under Section 439 of the CrPC, read with Section 37 of the NDPS Act.
This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.
Source: Delhi High Court
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