KITOKO NGIEMBO ALAIN vs CUSTOMS

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.02.2026 Judgment delivered on: 16.02.2026 BAIL APPLN. 3428/2025 KITOKO NGIEMBO ALAIN .....Petitioner versus CUSTOMS .....Respondent Advocates who appeared in this case: For the Petitioner: Mr. Javed Khan with Mr. Anubhav Chandra, Advocates. For the Respondent: Mr. Shubham Tyagi, SSC, CBI. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. Applicant seeks bail in complaint case No. VIII(AP)(10)P&I/3358-DARRIVAL/2022 registered at PS IGI Airport for commission of offences under Section 8/21/23/28 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short NDPS Act). 2. The applicant, a foreign national and holder of Congolaise Passport (Democratic Republic of Congo), landed on 20.02.2022 at Terminal-3, IGI Airport, New Delhi by a flight coming from Addis Ababa. He walked through Green Channel and when asked whether he was carrying gold or contraband, he replied in negative. On screening, nothing suspicious was recovered, either from his person or his bag. However, since the Custom BAIL APPLN. 3428/2025 3. The abovesaid extracted capsules were taken into possession same day i.e. on 20.02.2022. These, allegedly,