AIENADDIN GURGIJ Vs. CUSTOMS

JUDGEMENT

(1.) The present application seeks regular bail under Sec. 439 of the Code of Criminal Procedure, 19731 (now Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 20232) in connection with Complaint case No. VII(AP)10/P&I/3192A/Arrival/2021 dtd. 4/6/2021, registered by the Air Customs, IGI Airport, New Delhi, for offences punishable under Ss. 21/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 19853. The case is pending as SC No. 804/2021 before the learned Special Judge (NDPS), New Delhi.

(2.) On 4/6/2021, acting on specific information, officers of the Air Customs Unit at Indira Gandhi International Airport, Terminal-3, New Delhi, kept surveillance on passengers arriving from Dubai on Emirates Flight EK-516. Among the passengers so intercepted were two Afghan nationals, namely the present petitioner, Aienaddin Gurgij, and his cousin, Bashir Ahmad Gurgich, both residents of Nimroz, Afghanistan.

(3.) It is the prosecution case that after the said flight landed at IGI Airport, the petitioner and the co-accused collected their checked-in trolley bags from the conveyor belt and proceeded towards the "Green Channel" meant for passengers with "nothing to declare". On the basis of the prior input, their baggage was segregated and subjected to X-ray screening. Suspicious images were allegedly noticed in two trolley bags bearing baggage tag nos. 887495 and 887496, attributed respectively to the petitioner and the co-accused.