Delhi High Court Denies Bail To Afghan National Found Smuggling Over 900 Grams Of Heroin Capsules Inside Body

Justice Neena Bansal Krishna found that the recovery was made after keeping the accused in hospital for several days, waiting for him to excrete as many as 113 capsules. The bench thus observed,

“Here is a case where the Applicant was trying to import into India 905 grams of Heroin in the form of 113 capsules concealed by injecting them in his stomach. They had to be flushed out by keeping him in the Hospital… There are no “reasonable grounds” to believe he is not guilty.”

Applicant-accused Naqibullah Rodaie had sought bail citing prolonged incarceration. He was arrested back in January 2021 and has been in judicial custody since.

It was also contended that the mandatory procedures under Section 50 of the NDPS Act and Section 103 of the Customs Act were not followed and the Applicant was not produced before the nearest Magistrate, which vitiates the proceedings.

The High Court was of the view that the Applicant failed to satisfy the twin test for bail under Section 37 of the NDPS Act.

Based on the material on record, it observed there is no basis to form a belief, even on a preliminary basis, that the petitioner is “not guilty.”

On the second parameter of the twin test that the Applicant is not likely to commit the offence if released on Bail, the Court said,

“Given the nature of the crime and the modus operandi, it cannot be said that he is “not likely to commit any offence” while on Bail. The Offence of drug trafficking is a menace to society, and the legislative intent behind Section 37 is to keep such offenders from returning to their nefarious activities.”

So far as the contention regarding non-compliance with Section 50 of the NDPS Act and Section 103 of the Customs Act is concerned, the Court said that the same are a matter of trial. It observed,

“The record prima facie indicates that Notices were served upon the accused and the recovery itself was not from a personal search but from the voluntary excretion of capsules from his body in the Hospital, after the same was detected at the Airport and was admitted to having been concealed by the Applicant. The evidence, including the statements of Customs Officers and medical personnel, prima facie establish conscious possession.”

As such, the plea was dismissed.

Appearance: Mohd. Suza Faisal and Mohd. Kashif, Advocates for Applicant; Ms. Anushree Narain, Senior Standing Counsel for RespondentCustom.

Case title: Naqibullah Rodaie v. Air Customs, IGI Airport

Citation: 2025 LiveLaw (Del) 1170

Case no.: BAIL APPLN. 2305/2025

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