MURALEEDHARAN UNNI K.N Vs. SUPERINTENDENT OF CUSTOMS

JUDGEMENT

(1.) This is the second application for Regular Bail filed by the 1st accused in O.S.No.114/2022 (Customs F.S.No.S14/95/2022 of Nedumbassery Air Customs) where accused Nos. 1 and 2 are alleged to have committed offences punishable under Secs. 21, 23, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

(2.) Heard the learned counsel for the petitioner and also the Special Public Prosecutor for Customs (NDPS Cases) and for Customs Offences, Calicut Airport at Karipur.

(3.) Precisely, the allegation of the prosecution is that, on the basis of information received from the CIAL Security Staff posted at Level 4 baggage screening of the domestic terminal, Cochin International Airport, Nedumbassery, the officers of Air Intelligence Unit, Air Customs had recovered eight numbers of packages of pale yellowish white coloured powder and lumps like substance totally weighing 18029.85 grams, concealed in the cavities of checked-in baggage of one Mr. Muralidharan Unni Kakooth Nair, an International Passenger who had come from Harare via Doha to Cochin by flight No.QR 516 to proceed to New Delhi. The said pale yellowish white coloured powder and lumps like substance was subjected to chemical test using the 'Narcotic Drug Detection Kit' and it was observed that the said substance tested positive for 'Methaqualone', a psychotropic drug which is prohibited under NDPS Act, 1985. Based on the disclosures/ admissions made by Mr. Muralidharan Unni Kakooth Nair vide his Statement dtd. 21/8/2022 recorded under provisions of Sec. 67 of the NDPS Act, 1985, as well as recovery and seizure of 18029.85 grams of the contraband, having reason to believe that Mr. Muralidharan Unni Kakooth Nair has caused illegal import and illicit inter-state export and transshipment of Narcotic drugs and Psychotropic substances into India which is punishable under Sec. 23 read with Sec. 8(c) of the NDPS Act, 1985, he was arrested by the Inspector of Customs (Preventive Officer), Air Intelligence Unit, Customs, Cochin International Airport at 9 AM on 22/8/2022 under Sec. 42 of the said Act after due process, as authorized in this regard. Representative samples of the seized contraband were drawn in presence of the Judicial First Class Magistrate, Angamaly on 23/8/2022 and the same were forwarded to Customs Laboratory, Custom House, Chennai for Qualitative and Quantitative analysis.