AHMED HASSAN MUHAMMED Vs. CUSTOMS

JUDGEMENT

(1.) Petitioner is accused in Complaint No. VIII/SIIB/CUS/ACC Import/Angel/19/2019, registered for the offences under Sections 8/22/23/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the "NDPS Act"). He was arrested on 05.02.2019 and since then, he is in judicial custody. Vide this petition, petitioner is seeking bail during pendency of trial.

(2.) The allegations levelled against him by the petitioner are that on 30.01.2019, on receipt of secret information that some contraband goods would be imported from Addis Abbaba by Ethiopian Airlines vide Air Way Bill No. 07133613576 in a consignment of packet of green tea, Sh. Lal Singh Maroria, Superintendent, SIIB, ACC, Import, New Custom House, New Delhi, the same was placed by him before his immediate Superior Sh. Sukanta Das, Deputy Commissioner (SIIB), further placed it before his senior Ms. S. Vijayarani, Joint Commissioner (SIIB) for further directions. The Joint Commissioner directed Superintendent Lal Singh and Ramesh to keep surveillance and follow up the arrival of aforesaid consignment. The directions were conveyed to the Deputy Commissioner and air cargo information available on internet was searched and it was found that AWB had confirmed a cargo booking Vide Ethiopian Airline No. ET 686 dated 22.01.2019, ET 688 dated 30.1.2019 and ET 686 dated 01.02.2019. It was also secretly gather that on ET 686 dated 22.02.2019, the cargo had not arrived and a watch was kept on ET 688 dated 30.01.2019 but then also the consignment did not reach and hence a constant watch was kept on ET 686 dated 01.02.2019 as well as through Indian Customs EDI System. They also had the information that in the guise of green tea, khat leaves (also known as Kat/Qat/Chat/Mira), which is listed in the list of psychotropic substances at S. No. 110X of the Schedule of NDPS Act, as per Ministry of Finance, Department of Revenue Notification issued from F No. 12019/3/2016 dated 27.02.2018, however, possibility of any other kind of contraband could not be ruled out. On 01.02.2019, it was found that Import General Manifest (IGM) No. 1559970 for FLT No. ET 686 was filed which showed that 10 packages of dry chat shipped under AWB under reference had arrived on 01.02.2019 and immediately Ethiopian Airlines were contacted to submit a copy of AWB and it was found that the goods were mentioned as dry chat in the AWB and the consignee were one AGEL incorporation and the address mentioned there-on was not proper. Since the address looked vague, therefore, the Airlines officials were asked to provide the correct name of the consignee and it was informed that M/S Angel Incorporation was the consignee. Immediately shipments of M/S Angel Incorporation through Air Cargo Imports were checked through ICES system and it was informed that two previous consignments of the said firm pending clearance are as below:-

(3.) As the goods declared in the Bill of Entry matched the intelligence, the Airline was immediately asked to provide copies of AWBs under the two bills of entry available with them along with the details of person collecting delivery order. The Airlines vide letter dated 01.02.2019 submitted the copies of three AWBs 071-33613576 dated 31.01.2019 and 071-33613403 dated 25.01.2019 and 071-33613414 dated 23.01.2019. On examination of the aforesaid AWBs submitted by the Airlines, it was seen that the goods declared therein were also "DRY CHAT" and they have been declared as dried green leaf and green tea respectively. Hence, a preventive check was done on all the three shipments. Accordingly, vide letter dated 01.02.2019, the Joint Commissioner , SIIB directed the Duty Manager, CELEBI, Air Cargo Complex, Near IGIA, New Delhi to hold the said three consignments for examination by Special Intelligence and Investigation Branch (SIIB), ACC Import, New Delhi.