NAQIBULLAH RODAIE vs AIR CUSTOMS, IGI AIRPORT, NEW DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 19th September, 2025 + BAIL APPLN. 2305/2025, CRL.M.A. 18367/2025 NAQIBULLAH RODAIE S/o Abdul Qayeem R/O -House No. 3rd Block, Alizai, Marza, Helmand Province, Afghanistan .....Applicant Through: Mohd. Suza Faisal and Mohd. Kashif, Advocates. versus AIR CUSTOMS, IGI AIRPORT, NEW DELHI New Delhi through it’s Commissioner .....Respondent Through: Ms. Anushree Narain, Senior Standing Counsel for Respondent- Custom. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Application for regular bail has been filed under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023,(BNSS) on behalf of the Applicant Naqibullah Rodaie, in case S.C. No. 434/2021, for offences punishable under Sections 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”). 2. Briefly stated, on 25.01.2021, the Applicant, Mr. Naqibullah Rodaie, and a co-accused, Mr. Ghazi Barakzai, both Afghan nationals, arrived at BAIL APPLN. 2305/2025 Page 1 of 8 Signature Not Verified Signed By:VIKAS ARORA Signing Date:20.09.2025 13:37:32 Terminal-3 of the Indira Gandhi International (IGI) Airport, New Delhi, from Dubai. After they crossed the Green Channel, they were intercepted by Air Customs officers, based on intelligence inputs. As the accused persons only spoke Pashto, an independent interpreter was called. During preliminary questioning, both accused admitted to having concealed contraband inside their bodies. Notice under Section 102 of the Customs Act, 1962, and Section 50 of the NDPS Act were served upon them. They were then taken to RML Hospital for medical examination, where X-rays confirmed the presence of foreign objects in their bodies. 3. Between