KITOKO NGIEMBO ALAIN vs CUSTOMS

Judgment text excerpt

* 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 Page 1 of 11 Signature Not Verified Signed By:SONIA THAPLIYAL Signing Date:16.02.2026 19:21:53 Officials remained suspicious, they made further inquiry which brought fore to the fact that he had ingested some pellets/capsules containing some narcotics substance. On asking whether he required any medical assistance for extraction of such pellets/capsules, he expressed his desire to go to toilet where he was taken and where he extracted 19 numbers of capsules/pellets. 3. The abovesaid extracted capsules were taken into possession same day i.e. on 20.02.2022. These, allegedly, contained contraband. 4. A notice under Section 103 of Customs Act, 1962 was also served to which applicant, as alleged, volunta