AIENADDIN GURGIJ vs CUSTOMS THROUGH AIR CUSTOMS OFFICER

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11.11.2025 Date of Decision: 20.11.2025 + BAIL APPLN. 437/2025 & CRL.M.A. 3107/2025 AIENADDIN GURGIJ .....Petitioner Through: Ms. Shweta Mehta and Mr. Prem Kishore Tripathi, Advs. versus CUSTOMS THROUGH AIR CUSTOMS OFFICER .....Respondent Through: Mr. Gibran Naushad, Senior Standing Counsel with Mr. Harsh Singhal and Mr. Suraj Shekhar Singh, Advs. with Mr. Sunil, Air Customs Officer (A.C.O.) CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 1. The present application seeks regular bail under Section 439 of the Code of Criminal Procedure, 19731 (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 20232) in connection with Complaint case No. VII(AP)10/P&I/3192A/Arrival/2021 dated 04.06.2021, registered by the Air Customs, IGI Airport, New Delhi, for offences punishable under Sections 21/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 19853. The case is pending as SC No. 804/2021 before the learned Special Judge (NDPS), New Delhi. 1 Hereinafter “CrPC” 2 Hereinafter “BNSS” 3 Hereinafter “NDPS Act” Signature Not Verified Signed By:SHILPI BAIL APPLN. 437/2025 Page 1 of 25 Signing Date:22.11.2025 17:32:43 Factual Matrix 2. On 04.06.2021, acting on specific information, officers of the Air Customs Unit at Indira Gandhi International Airport, Terminal-3, New Delhi, kept surveillance on passengers arriving from Dubai on Emirates Flight EK-516. Among the passengers so intercepted were two Afghan nationals, namely the present petitioner, Aienaddin Gurgij, and his cousin, Bashir Ahmad Gurgich, both residents of Nimroz, Afghanistan. 3. It is the prosecution case that after the said flight landed at IGI Airport, the petitioner and the co-accused collected their checked-in trolley bags from the conveyor belt