Narcotics case: Delhi HC grants bail to Ethiopian national, cites Customs' custody ‘illegal'
New Delhi:
on Tuesday granted bail to an Ethiopian national who allegedly concealed narcotics in his body by swallowing capsules. The court ruled that his custody by the Customs department was illegal, as he was not presented before a magistrate within the legally mandated timeframe.
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Justice Amit Sharma, presiding over a single-judge bench, observed: "Such custody without any authority and without producing him before the concerned Magistrate or Special Court within 24 hours in accordance with law is completely illegal. Even if the applicant was under medication for the procedure being carried out, the same cannot be a ground to keep him in custody. Magistrates exercising power of remand or otherwise in respect of persons in hospital is not unheard of and is a well-recognised procedure in law.
"
The accused, Habiob Bedru Omer, was intercepted at the Indira Gandhi International Airport in May 2023 by a Customs officer based on suspicion and passenger profiling. According to the prosecution, Omer admitted during questioning that he had concealed capsules containing narcotics inside his body.
He voluntarily agreed to undergo a medical procedure for the removal of the concealed capsules and was taken to Safdarjung Hospital.
There, 75 capsules allegedly containing contraband were recovered from his stomach. After being discharged on May 25, 2023, forensic analysis revealed the capsules contained 960 grams of methaqualone, and the samples tested positive for cocaine hydrochloride. Omer was formally arrested the following day, on May 26.
However, the court raised serious concerns regarding procedural lapses. It noted that Omer was not produced before a magistrate before being taken to the hospital. Moreover, local police were not informed of his hospitalisation, nor were his family members or the Ethiopian Embassy notified.
Rejecting the Customs department's defence, the court held that Omer had been in continuous custody since his interception on May 21, 2023, until his formal arrest on May 26, thus violating his legal rights.
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