Noeline Nampeera v. Superintendent Of Customs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.9224 of 2025 Neoline Nampeera ... Petitioner Vs.

Superintendent of Customs Prosecution Unit-Airport, New Custom House, Meenambakkam, Chennai-600 027.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the accused/petitioner on bail pending trial in C.C.449 of 2023 on the file of the learned I Additional Special Court for NDPS Act, Chennai.

For Petitioner : Mr.M.Murugan For Respondent : Mr.Vishnu Special Public Prosecutor for Customs

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.10.2022 for the alleged offence under Section 8(c) r/w Section 21(c), 1/5

23(c) 28 and 29 of the NDPS Act in C.C.No.449 of 2023 in R.R.No.47 of 2022, on the file of the respondent police, seeks bail.

2. The allegations against the petitioner is that the petitioner was found in illegal possession of 1431 grams of Heroin and 1756 grams of Methaqualone in Airport. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 02.10.2022 i.e., for more than three years and there is progress in this case. He further submitted that she is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the seized contraband in this case is of commercial quantity and that it attracts Section 37 of NDPS Act. He further submitted that the petitioner is a Foreigner and Citizen of Uganda. After completion of investigation, final report filed before the learned Special Judge, I Additional Special Court for NDPS Act, Chennai and the same has been taken cognizance in C.C.No.449 2/5

of 2023. If the petitioner was released on bail, there is possibility of absconding during trial proceedings and difficult to secure her. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, the gravity of offence committed by the petitioner and also taking note of the fact that the seized contraband is commercial quantity and it attracts Section 37 of NDPS Act, except the allegations of false implications, there are no other arguments advanced to get away the conditions stated under Section 37 of NDPS Act, in this regard, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. Vv 18.09.2025 To

1. I Additional Special Court NDPS Act, 3/5

Chennai.

2. The Superintendent of Customs Prosecution Unit-Airport, New Custom House, Meenambakkam, Chennai-600 027.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

4/5

Vv Crl.O.P.No.9224 of 2025 18.09.2025 5/5