HABIOB BEDRU OMER Vs. CUSTOMS

JUDGEMENT

(1.) The present application under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973, (for short, 'CrPC'), has been filed seeking regular bail in Complaint No. VIII (AP)10/P&I/4170-C/ARRIVAL/2023, under Ss. 21/23 of the Narcotics Drug and Psychotropic Substances Act, 1985, (for short, 'NDPS Act'), filed by Customs IGI Airport, Delhi.

(2.) The case of the respondent against the applicant as per their complaint dtd. 20/11/2023 is as under: -

(3.) Learned counsel for the applicant has submitted that in the present case there is complete non-compliance of Sec. 42 of the NDPS Act inasmuch as in the seizure memo dtd. 26/5/2023 drawn under Sec. 43 of the NDPS Act, it has been recorded that the present applicant was apprehended on the basis of 'one specific intelligence' and thus, the respondent was having prior information of the arrival of the applicant with alleged contraband and despite the same, no prior information in terms of Sec. 42 of the NDPS was taken down in writing. It is further submitted that there has been absolute non-compliance of Sec. 42 of the NDPS Act, as the prior information was not recorded in writing.