Delhi HC Denies Bail To Afghan National Who Smuggled 905 Grams Heroin In Stomach [Read Judgment]

New Delhi: The Delhi High Court has denied bail to an Afghan national caught smuggling 905 grams of heroin into India by concealing it inside his body, emphasizing the grave threat drug trafficking poses to society and the high flight risk posed by foreign nationals.

Justice Neena Bansal Krishna delivered strong observations about the stringent conditions under the NDPS Act and the need to prevent drug traffickers from returning to their nefarious activities.

The court addressed Bail Application No. 2305/2025 filed by Naqibullah Rodaie, an Afghan national who challenged his detention under Sections 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court noted, “The present case involves the recovery of 905 grams of heroin, a commercial quantity, which was concealed by the petitioner inside his body and excreted over several days while under observation at a hospital.”

The applicant, along with co-accused Ghazi Barakzai, both Afghan nationals, arrived at Terminal-3 of IGI Airport from Dubai on January 25, 2021. After crossing the Green Channel, they were intercepted by Air Customs officers based on intelligence inputs. The court observed, “During preliminary questioning, both accused admitted to having concealed contraband inside their bodies.”

The recovery process was noted as particularly disturbing by the court, which recorded: “Between 25.01.2021 and 29.01.2021, the applicant, Naqibullah Rodaie, excreted a total of 113 capsules. The co-accused excreted 95 capsules. The substance from the capsules excreted by the petitioner weighed 905 grams, and upon testing with a Field Drug Detection Kit, it tested positive for heroin.”

Justice Krishna emphasized the stringent requirements under Section 37 of the NDPS Act, stating, “The provision lays down two mandatory conditions, commonly known as the ‘twin tests,’ that must be satisfied before bail can be granted. The court must have ‘reasonable grounds for believing’ that the accused is ‘not guilty’ and is ‘not likely to commit any offence’ if released.”

The court rejected arguments about procedural violations, observing, “The contention of the applicant regarding non-compliance with Section 50 of the NDPS Act and Section 103 of the Customs Act is a matter of trial. The record prima facie indicates that notices were duly served upon the accused and the recovery itself was not from a personal search but from the voluntary excretion of capsules from his body.”

Despite the applicant being in custody for nearly four years and five months, the court found this insufficient grounds for bail. Justice Krishna stated, “The Apex Court in Mohit Aggarwal (supra) has held that the length of the period of custody is not a determinative factor for granting bail under Section 37. The gravity of the offence and the stringent bar of the statute must be given precedence.”

The court expressed particular concern about the flight risk posed by the foreign national, observing, “The applicant is a foreign national from Afghanistan with no discernible ties in India. The possibility of his absconding, given the porous nature of international borders and the resources that international drug syndicates possess, cannot be overlooked.”

In a strong statement about the nature of drug trafficking, the court noted, “The offence of drug trafficking is a menace to society, and the legislative intent behind Section 37 is to keep such offenders from returning to their nefarious activities.”

The court found that the applicant failed to satisfy either of the twin tests required under Section 37, stating, “The recovery of 905 grams of heroin from inside his body establishes a strong prima facie case of conscious possession. There are no ‘reasonable grounds’ to believe he is not guilty.”

The court concluded by emphasizing the societal interest in preventing drug trafficking, observing, “Here is a case where the applicant was trying to import into India 905 grams of heroin in the form of 113 capsules swallowed and retained in his stomach. They had to be flushed out by keeping him in the hospital.”

Mohd. Suza Faisal and Mohd. Kashif appeared as advocates for the applicant, while Ms. Anushree Narain, Senior Standing Counsel, represented the Air Customs, IGI Airport.

Case Title: Naqibullah Rodaie vs. Air Customs, IGI Airport, New Delhi

[Read Judgment]