Practice area
Courier, parcel and airport seizures
Defence in cases arising from seized parcels, courier consignments and airport searches, including controlled delivery.
Seizures at airports, post offices and courier hubs involve additional agencies, such as customs, and additional procedures. People are sometimes arrested for parcels they did not send, or for packages they did not know were in their possession.
What this work involves
- Intercepted parcels and courier consignments: the link between the sender, the recipient and the package
- Controlled delivery under the Act, and how it was conducted and documented
- Airport and customs searches: personal search, baggage search and the role of the customs and narcotics officers
- Cases of unknowing carriage and misuse of a person's identity or address
- Digital evidence: phone records, messages and payment trails used by the prosecution
- Statements recorded by different agencies, and their legal effect
- Bail and trial defence
Frequently asked questions
I received a parcel I did not order. What should I do?
Do not open or accept it, and take legal advice immediately. Keep a record of how it reached you.
Can I be prosecuted for a parcel sent in my name?
The prosecution must establish knowledge and involvement. Each case turns on the evidence linking the person to the consignment.
Related reading
Section 37 of the NDPS Act: why bail is harder in commercial-quantity cases
How the twin conditions of Section 37 NDPS work, which cases they cover, and what that means for a bail application.
Search and seizureSection 50 of the NDPS Act: the right to be searched before a Gazetted Officer or Magistrate
What Section 50 of the NDPS Act requires before a personal search, and how courts have treated non-compliance.
Statements and noticesStatements under Section 67 of the NDPS Act: are they admissible?
What Section 67 of the NDPS Act allows, and what the Supreme Court held in Tofan Singh about statements recorded by NDPS officers.