GULAM HAZRAT MIRZALE vs CUSTOMS

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15.01.2025 + BAIL APPLN. 1845/2024 GULAM HAZRAT MIRZALE .....Petitioner Through: Mr. Anandh Venkatramani, Mr. Devvrat Singh, Mr. Rishit Vimadalal, Ms. Rini Mehra and Mr. J. Shivam Kumar, Advocates versus CUSTOMS .....Respondent Through: Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Mr. Shubham Kumar, Mr. Kuldeep Mishra and Mr. Swastik Mishra, Advocates CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. (ORAL) 1. The instant application has been filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟), read with Section 37 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereafter „NDPS Act‟), has been filed on behalf of the applicant seeking grant of regular bail in case bearing C. No. VIII(AP)10/P&I/3237-D/Arrival/2021, dated 21.04.2022, for offence punishable under Sections 8/21/23/29 of the NDPS Act. Signature Not Verified Digitally Signed By:AANCHAL TAGGAR Signing Date:17.01.2025 BAIL APPLN. 1845/2024 Page 1 of 7 15:34:30 2. Briefly stated, the facts of the present case are that the present applicant was arriving at IGI Airport, Terminal 3, New Delhi, on Flight No. EK 516 dated 08.08.2021 from Dubai to Delhi, carrying a silver-colored trolley bag with tag number 0176542792. It is alleged that, based on suspicion, the applicant was diverted to the green channel. The baggage of the applicant was X-rayed, and no beep sound was heard during the DFMD examination. During the personal search of the applicant, nothing objectionable was found. However, upon searching the silver-colored trolley bag, it was discovered that the bag contained clothes and various black-colored shampoo/hair coloring bottles with broken seals, pack