- (1.) It is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 in NDPS Special Case No.180 of 2018 for the alleged ofences punishable under Sections 8(c) read with 21(c), 28, 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (' NDPS Act ' for short).
(2.) It is the case of the prosecution that on 10 th April, 2018, Mr. Sampat, Investigating Ofcer received an information that "Two Peruvian nationals named Michael Enrique Chincha Dulonto and and Ms. Maria Del Pilar Barr Avila (Applicant) are traveling by Flight No.ET610 by the Ethiopian Airlines. That is to arrive at CSI Airport at about 7.30 hours on 11th April, 2018 and they are suspected to be carrying contraband drugs in their check-in baggages ". The said information was forwarded to the Superiors and a team was subsequently formed. Complainant along with his team left for CSI Airport, Mumbai. Two persons working at CSI Airport were asked to act as panch witnesses after which information was shared with them. The team of NCB ofcers kept the watch on the exit of arrival immigration hall. It is alleged that a male suspect collected one black colour trolley bag and one grey colour trolley bag whereas a lady suspect was carrying one navy blue colour back-pack, a pouch bag and brown colour hand-bag from the belt no.4 of the baggage claim area. The complainant stopped accused no.1 and the applicant, introduced himself and other team members and subsequently informed them about their rights under Section 50 of the NDPS Act. Both were taken in the ofce of the AIU and bag of accused no.1 was searched, which was found to be unusually heavy and on cutting the false bottom of the bag, a packet containing white coloured powder was found. A similar false bottom was also detected from check-in bag of the applicant from which, another packet containing similar powder was found. It is alleged that on enquiry with the applicant about contents; Accused No.1 said that it was cocaine. It is the case of the prosecution that both the white coloured powders seized in the two packets weighed 4.3 kgs and on testing was found to be cocaine. It was seized under the panchanama and thereafter, both the accused were placed under arrest by the respondents in respect of said seizure.
(3.) Applicant's bail application before the learned Sessions Court came to be rejected vide order dated 2 nd August, 2019. Aggrieved and dissatisfed by the order of rejection passed by the learned Sessions Judge, the present application has been preferred.;