HABIOB BEDRU OMER vs CUSTOMS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28th May, 2025 Pronounced on: 3rd June, 2025 + BAIL APPLN. 1978/2024 HABIOB BEDRU OMER .....Petitioner Through: Mr. Arun K. Srivastva, with Mr. Ashish Sindhu & Ms. Shahina Praveen, Advs. versus CUSTOMS .....Respondent Through: Mr. Jatin Singh, SSC (through VC). Mr. Ravi Arya, Superintendent, Customs. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present application under Section 439 read with Section 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 Sections 21/23 of the Narcotics Drug and Psychotropic Substances Act, 1985, (for short, ‘NDPS Act’), filed by Customs IGI Airport, Delhi. Signature Not Verified Digitally Signed By:SHIWANI NEGI BAIL APPLN. 1978/2024 Page 1 of 23 Signing Date:03.06.2025 12:03:00 2. The case of the respondent against the applicant as per their complaint dated 20.11.2023 is as under: - i) On 21.05.2023, the applicant, who is holder of Ethiopian Passport No. EP7807550 issued on 27.01.2023 and valid upto 26.01.2028, arrived by Fight No. ET 686 dated 20.05.2023 from Addis Ababa at Terminal-3, IGI Airport, New Delhi, and was intercepted by Customs Officer on suspicion/profiling. The applicant was taken at Green Channel for the X-ray of his baggage. ii) Thereafter, he was served with notice under Section 102 of the Customs Act, 1962, and Section 50 of the NDPS Act. Personal and baggage search of the applicant was conducted but nothing was found. However, it was suspected that he was concealing narcotic substance inside his body and on further enquiry, the applicant accepted that he has concealed some capsules in his body, so in order to do screening/x- ray o