CHRISTINA KATUSHABE AYEBALE vs CUSTOMS

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 17th, 2025 + BAIL APPLN. 4890/2025 & CRL.M.A. 37745/2025 CHRISTINA KATUSHABE AYEBALE .....Applicant Through: Ms. Tanya Kushwaha, Adv. (through VC) versus CUSTOMS .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present application is filed by the applicant seeking regular bail in Complaint No. VIII(AP)/(10)/P&I/3448- C/Arrival/2022 registered by Customs for the offences under Sections 8/21/23/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). 2. The brief facts are that on 18.04.2022, on the basis of secret information the applicant was intercepted at Indira Gandhi International Airport by the customs authority. 3. It is alleged that during the search of the applicant 12 capsules were recovered and thereafter the applicant admitted of ingesting capsules containing contraband, pursuant to which the applicant was taken to Dr. Ram Manohar Lohia Hospital and 55 capsules were recovered from the applicant. 4. It is alleged that a total of 67 capsules were recovered from Signature Not Verified Signed By:HARMINDER KAUR Signing Date:18.12.2025 BAIL APPLN. 4890/2025 Page 1 of 5 18:35:48 the applicant and the were confirmed to be Heroin weighing 664 grams. After her formal hospitalization from 18.04.2022 to 23.04.2022 the applicant was arrested on 24.04.2024. 5. The learned counsel for the applicant submits that the applicant had been illegally detained in the hospital from 18.04.2022 to 23.04.2022. She submits that the applicant was not produced before the concerned Magistrate within a period of 24 hours and was thereafter formally arrested on 24.04.2022. 6. She submits that there is non-compliance of Section 50 of the Code of Crimin