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TMI Blog2025 (5) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs Act. They were apprised of their legal right that their personal search and baggage search could be conducted in the presence of a Magistrate or a Gazetted Officer of Customs. They gave their consent in writing that their personal search and baggage search would be conducted by DRI Officers in the presence of Gazetted Officer of Customs. They also gave consent for the conduct of their medical examination/X-Ray. 3. The personal and baggage search of the petitioner and coaccused led to recovery of two blocks of white coloured powder tightly wrapped with thin polythene concealed in a thin layer of soap material appearing as a soap bar. The collective weight of the soap bars was around 510 grams. 4. During the course of proceedings at IGI Airport, petitioner and co-accused passed out/ejected 69 oval shaped thin plastic capsules containing white coloured powder substance that were ingested by them in their stomach by swallowing. Out of 69 capsules so recovered, 33 capsules were passed out by the present petitioner/accused, while the other 36 capsules were passed out by co-accused Donalia Phiri. The powder from one capsule from each lot was tested with Field Testing Kit, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of samples in the presence of the learned Magistrate, medical examination of the petitioner etc. were made by the DRI as per law. It is further contended that the alleged non-compliance of Section 52-A NDPS Act cannot be the ground of bail, rather, the same is a matter of trial. He further submits that notices were duly served and received by the petitioner, so much so, he replied to the notices served upon him. In any case, he submits that notice under Section 50 NDPS Act was not even required as the recovery was not from his personal search but from his body. It is argued that the allegations are grave and serious in nature, and therefore, petitioner is not entitled for the grant of bail. 10. Petitioner and co-accused conspired to smuggle the contraband by concealing the same in their body. The contraband in the form of ingested capsules and soap bars was identified as Cocaine/ Methaqualone and between the two accused, they were carrying 1557 gms. of Cocaine, far exceeding the commercial quantity, threshold of 100 gms. under the NDPS Act. Consequently, the rigours of Section 37 of the NDPS Act would be attracted in the present case. Section 37 of NDPS Act reads as under:- "[37 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own for granting bail to the accused involved in the offences under the NDPS Act. (iii) The purpose of insertion of Section 52A laying down the procedure for disposal of seized Narcotic Drugs and Psychotropic Substances, was to ensure the early disposal of the seized contraband drugs and substances. It was inserted in 1989 as one of the measures to implement and to give effect to the International Conventions on the Narcotic drugs and psychotropic substances. (iv) Sub-section (2) of Section 52A lays down the procedure as contemplated in sub-section (1) thereof, and any lapse or delayed compliance thereof would be merely a procedural irregularity which would neither entitle the accused to be released on bail nor would vitiate the trial on that ground alone. (v) Any procedural irregularity or illegality found to have been committed in conducting the search and seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during the course of investigation, inadmissible. The Court would have to consider all the circumstances and find out whether any serious prejudice has been caused to the accused. (vi) Any lapse or delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is obtained by illegal search and seizure. When the test of admissibility of evidence lies in relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law, evidence obtained as a result of illegal search and seizure is not liable to be shut out. Search and seizure is not a new weapon in the armoury of those whose duty it is to maintain social security in its broadest sense. If the safeguards are generally on the lines adopted by the Code, they would be regarded as adequate and render the restrictions imposed as reasonable measures. 5. It would be seen that the organised traffic in contraband generates deleterious effect on the national economy affecting the vitals of the economic life of the community. It is settled law that illegality committed in investigation does not render the evidence obtained during that investigation inadmissible. In spite of illegal search property seized, on the basis of said search, it still would form basis for further investigation and prosecution against the accused. The manner in which the contraband is discovered may affect the factum of discovery but if the factum of discovery is otherwise proved th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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