FRANCIS MARION GEGG Vs. CUSTOMS

JUDGEMENT

(1.) The present Bail Application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') has been filed on behalf of the Applicant seeking Regular Bail in relation to the case bearingS.C. No. 273 of 2023 under Ss. 21(c) and 23(c) of Narcotic Drugs and

(2.) The Applicant has stated that he is a 71 year old citizen of Belize City, Belize with clean antecedents and good moral standing. The Applicant arrived at New Delhi from Doha via Qatar Airways flight No. QR-578 at 02:00 AM and was intercepted by Customs Officers on suspicion and was asked to scan his baggage. The two independent panchas were called and the accused along with his baggage was taken to the Customs Preventive Room for further verification.

(3.) The Customs Officer inquired from the accused about his carrying any contraband, to which the accused replied in a negative. Thereafter, a Notice under Sec. 102 of Customs Act, 1962 and under Sec. 50 of the NDPS Act was served by the Customs Officer in presence of the panchas. He was informed about requirement of his personal and baggage search and was also apprised of his legal rights that the search could be conducted before a Magistrate or a GazettedOfficer of Customs.The baggage of the accused was searched and an off-white colour powdery substance was recovered from false top and false bottom of the black trolley bag. On the suspicion of the recovered substance being a contraband, the same was kept in transparent poly bags marked A1 and A2 respectively and kept in plastic containers marked X and Y respectively. The total substance recovered weighed 9.950 Kg.