Ian Jude Dawes v. Union Of India

Crl.O.P.No.15801 of 2024 T.V.THAMILSELVI, J.

This petition has been filed to enlarge the petitioner on bail in R.R No. 56/2023 in F.No.DRI/CZU/VIII/48/Enq-1/Int-38/2023 on the file of the respondent.

2. The case of the prosecution is that on 12.11.2023, the respondent found the accused person while transporting 3.652 kgs of Heroine at Chennai International Airport. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner was working in Jacobs Construction Company and he used to travel abroad for meetings as a business trip. On 24.10.2024, the petitioner was informed that his upcoming business trip is to Vietnam and the same was rescheduled to Lao. Thereafter, he attended the meetings at Laos and return ticket was issued to the petitioner on 11.11.2023 and it was informed that one of the office representative namely Nicholas will be handing over an office luggage to the petitioner and the petitioner should bring along with his luggage to the company in Delhi. Further, the

petitioner also sent a photo of the office luggage received by him to that effect he produced the photo copies of the whats app communication between the petitioner and the company officials. The petitioner boarded the flight to Chennai and subsequently the Delhi ticket was also issued to the petitioner. After arriving at the Chennai international Airport the petitioner enquired by the Revenue officials and search was conducted on him. To a utter shock it was informed that there was secret cabin which contained substance in the office luggage carried by the petitioner which the petitioner was not aware and he was arrested. The learned counsel for the petitioner submits that the the petitioner was not known about what is inside the luggage and he is an innocent person was falsely implicated in this case. Hence, he prays to allow this petition.

4. The learned counsel for the respondent submits that the contraband seized from the petitioner is commercial quantity. Further, he stated that the respondent arrested one Anthony Chijoke Nweke at Greateer Noida, Uttar Pradesh, in his confession, he stated that the petitioner was a trusted carrier of his drug smuggling syndicate and the petitioner had delivered 2kgs drugs to said Anthony. Hence, he stated

that the petitioner is a habitual offender raised objection to grant bail.

5. Considering the fact that the contraband seized from the petitioner is commercial quantity which needs detailed investigation. If he released on bail, he may abscond. Hence, this Court is not inclined to allow this petition. Accordingly, this petition is dismissed. 15.07.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.Nos.15801 of 2024 15.07.2024