SHRI GANI NOORUL AMEEN Vs. CENTRAL

JUDGEMENT

(1.) THE petitioner, who is an accused in C.C.No.195 of 1998 has filed this petition for his release on bail.

(2.) THE respondent/Assistant Commissioner of Customs, Prosecution Unit (Airport), Customs House, Chennai, has filed a complaint against the petitioner alleging that on 14.7.1998 at 7.45 p.m. when the petitioner came to Chennai Anna International Airport to board Flight No.UL 126, his baggages were checked in and when questioned, the petitioner admitted that he had swallowed 95 capsules containing brown sugar. After formalities, the petitioner told them that he has to go lavatory, and he was taken there in the presence of two witnesses and he has excreted four capsules properly covered. THE petitioner washed and gave the capsules to the officials and when it was examined in the presence of witnesses, it was found to contain brown sugar. On the next day, he was produced before the Magistrate for remand and thereafter he was taken to the Government General Hospital, Chennai where he had excreted some more capsules. When counted, there were totally 95 capsules weighing about 249 gms. of brown sugar (heroin). After completion of investigation, charge sheet was laid and the case is pending before the Special Judge for N.D.P.S. Cases, Chennai, and two witnesses have been examined on the side of prosecution. At this stage, the petitioner has come forward with this petition for his release on bail.