Sandra Nanteza v. The Superintendent Of Customs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9034 of 2025 Sandra Nanteza .. Petitioner Vs.

The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore.

(C.CNo.163 of 2022) .. Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail pending in trial in C.C.No.163/2022 on the file of Hon'ble Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore. For Petitioner : M/s.D.P.Vishal For Respondent : M/s.J.R.Archana Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.05.2022, seeking bail Page No.1 of 5

in C.C.No.163 of 2022 registered for the offence under Sections 8(c) r/w 21(c), 23(c), 28 and 29 of NDPS Act r/w NDPS Regulation of Controlled Substances, 1993.

2.

The case of the prosecution is that the respondent intercepted the petitioner, who had arrived from Sharjah at the International Arrival Hall of International Airport, Coimbatore; that when the respondent inquired the petitioner about the possession of any contraband, she replied in negative; that thereafter, based on the specific information from the DRI and after obtaining the orders of the Chief Judicial Magistrate, Coimbatore, the petitioner was taken to Coimbatore Medical College Hospital; that on scanning, it was found that the petitioner had consumed some capsules of Heroin weighing 892 grams which is valued Rs.4.37 crores. 3.

The learned counsel for the petitioner would submit that the petitioner is in custody from 09.05.2022 that in any case, further custody of the petitioner is not required and prayed for the grant of bail to the petitioner.

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4.

The learned Government Advocate (Crl.Side) opposed for grant of bail to the petitioner stating that the petitioner, a foreign national, was in possession of narcotic drugs of commercial quantity and that the trial has now commenced and is likely to be completed very soon; that if the petitioner is released on bail, she may not be available for the trial. 5.

Considering the aforesaid facts and the fact that the contraband seized was a commercial quantity, this Court is not inclined to grant bail to the petitioner at this stage. However, the petitioner cannot be detained for an indefinite period during the trial. Hence, this Court is inclined to direct the Trial Court to complete the trial as expeditiously as possible. If the trial is not completed within a period of six (6) months, the petitioner is at liberty to renew the bail application before the trial Court. 6.

With the above directions, this Criminal Original Petition is dismissed.

26.03.2025 Index : Yes / No Page No.3 of 5

Internet : Yes / No dpa To 1.The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore.

2.The Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbaotre.

3.The Superintendent of Prison, Central Prison for Women, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN , J.

dpa Crl.O.P.No.9034 of 2025 26.03.2025 Page No.5 of 5