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3. The applicant is a Nigerian national. The applicant came to be arrested on 5th April, 2019 in connection with the alleged seizure of 320 grams of cocaine in the following circumstances:

BA2966-2023.DOC Specific request was received from National Crime Agency (NCA), UK, in respect of a consignment containing narcotic drug or psychotropic substance sourced from Trinidad & Tobago via UK to Mumbai. The Director General, NCB, authorised the then Superintendent and Intelligence Officer, NCB, MZU, to undertake controlled delivery in respect of the said consignment allegedly containing narcotic drug or psychotropic substances in co-ordination with NCA, UK. On 29th March, 2019, the officers of NCB collected the consignment under controlled delivery operation. The officers of NCB and the panch witnesses thereafter reached Mumbra Sub-Post Office alongwith said parcel. They were informed that the destination of the said parcel comes within the jurisdiction of Diva Post Office. The team reached Diva Post Office. However, none turned up to claim the parcel till the closing hours.

5. Ms. Achari, the learned Counsel for the applicant, submitted that no contraband was recovered from the possession of the applicant. Nor the consignment, which was collected under controlled delivery, was addressed to the applicant. Thus, there is no prima facie material to connect the applicant with the said consignment. It was further submitted that the said consignment was addressed to a person named Ms. Nisha Kala Swami. No material has been collected during the course of investigation to show that the applicant has any nexus with the said consignee. It was submitted that there is total non-compliance of the mandate contained in Section 52A of the NDPS Act, 1985. In any event, the applicant has been in custody for more than five years.

8. From a perusal of the mail receipt, it prima facie becomes evident that the sender was Doffert Y. Albert, resident of Trinidad & Tobago, and the addressee was Nisha Kala Swami, resident of Diva (E), Thane, Mumbai, India. Though an endeavour was made by Ms. Achari to urge that the controlled delivery was not effected in conformity with the provisions BA2966-2023.DOC contained in Section 50A of the NDPS Act, 1985, at this stage and in this proceedings, I do not deem it appropriate to delve into the said aspect elaborately. Prima facie, there appears proper authorization as is envisaged by Section 50A of the NDPS Act, 1985.