Crl.O.P.No.31294 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.11.2025 CORAM : THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.31294 of 2025 Sandra Nanteza ... Petitioner -Vs- State Rep by, The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore. (R.R.No.1 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in C.C.No.163 of 2022 in R.R.No.1 of 2022 on the file of the Additional District Judge, Court for E.C. Act Cases, Coimbatore. For Petitioner : Mr.M.Hussaini Basha For Respondent : Mr.P.Vishnu Special Public Prosecutor ORDER The petitioner, who was arrested and remanded to judicial custody on 09.05.2022, for the alleged offence punishable under Section 8(c) r/w 21(c), 23(c), 28 and 29 of NDPS Act, 1985 r/w. NDPS (Regulation of Controlled Substances) Order, 1993 in Crime No.R.R. No. 1 of 2022, on the file of the 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31294 of 2025 respondent police, seeks bail. 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 appearing for the petitioner submitted that the earlier petition was dismissed in the month of March 2025, wherein liberty was granted to the petitioner to renew the bail application. Accordingly, the petitioner has filed the present bail application. It is further submitted that the trial has not concluded and so far four witnesses have been examined. He further submitted that the mahazar witness, who was examined to speak about the seizure, has given contradictory statements. He further submitted that at the time of seizure, the contraband was alleged to be Methamphetamine, however, the forensic test report revealed that the substance was not Methamphetamine, it is only a cocaine. He further draw the attention of this Court to the evidence of the mahazar witness would state that there are discrepancies in the mahazar 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31294 of 2025 proceedings. Hence he prays to grant and prays to grant bail. 4. The Special Public Prosecutor appearing for the respondent police reiterated the prosecution case and submitted 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. Heard both sides and perused the materials available on record including the First Information Report. 6. Considering the submissions made by the learned counsel for the petitioner with regard to the alleged discrepancies in the evidence of mahazar witness and mahazar seizure, this court is not inclined to express any opinion on the same at this stage, as the scope of consideration in a bail application is limited. On perusal of the evidence and the mahazar, it is seen that 81 capsules were seized from the petitioner after medical examination. The witness who deposed regarding the seizure has also spoken about the CT scan, which revealed the presence of 81 capsules in the stomach of the accused. Though certain discrepancies are pointed out by the petitioner, such observations are made only for the limited purpose of considering the present bail application. With regard to the contention relating to the change in the nature of contraband, though it was initially suspected to be Methamphetamine, the test report revealed it to be Heroin. In any event, the seized substance is a scheduled 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31294 of 2025 narcotic drug under the Narcotic Drugs and Psychotropic Substances Act, 1985 and falls within the category of commercial quantity. 7. Therefore, the rigours of Section 37 of the said Act are attracted to the present case. Further, the trial is in progress and material witnesses, including the mahazar witnesses, have already been examined and the case has reached the stage of examining the investigating officer. In such circumstances, this Court is not inclined to grant bail to the petitioner. 8. Accordingly, this Criminal Original Petition is dismissed. 17.11.2025 drl To 1.The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore. 2.The Special Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31294 of 2025 K. RAJASEKAR, J. drl Crl.O.P.No.31294 of 2025 17.11.2025 5/5 https://www.mhc.tn.gov.in/judis