IMPORTANT POINT
Bail – While duration of detention is a relevant factor, it cannot override bar of Section 37 NDPS Act – Court must balance personal liberty against need to prevent further risk to public safety and ensure administration of justice.

JUDGMENT

The present petitions have been filed under Section 439 of the Code of Criminal Procedure, 1973 [Hereinafter “CrPC”], seeking grant of bail to the accused persons/petitioners in Complaint No. VIII/44/DZU/2022 registered under Sections 8/21/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985[Hereinafter “NDPS Act” ], at P.S. NCB.

2. As both the petitioners have been arrayed as co-accused in the above complaint and have taken identical pleas seeking grant of bail, these petitions are being dealt with and considered by this Court by way of a common judgment.

Case of the Prosecution:

3. It is the case of the prosecution that on 20.05.2022, acting upon secret information, the NCB team reached DHL Express Pvt. Ltd., Rama Road, near Kirti Nagar, New Delhi, and enquired about a parcel bearing AWB No. 3385037946. The parcel was produced by one Ashit Yadav, Supervisor who also agreed to join the proceedings as an independent witness. The parcel was a yellow coloured DHL plastic polythene. The airway bill slip disclosed the consignor as Joseph Mandy, 118, West Street, Sandton, 2031, Sandown Gauteng, South Africa and the consignee as the petitioner, Pradeep Kumar Jha, Dharuhera, Haryana.

4. On opening, one blue-coloured-zip locked file folder was found inside. Two packets wrapped in black carbon paper were recovered from the folder. Both packets contained off-white powdery substance, which on testing was found to be heroin, weighing 376 grams and 374 grams respectively, totaling 750 grams. The contraband and packing material were seized and sealed vide panchnama dated 20.5.2022.

5. On 21.05.2022, the NCB team visited the residence of the petitioner, Pradeep Kumar Jha, who admitted knowledge of the parcel and showed the airway bill on his mobile phone. Certain DHL documents and other material were recovered from his house. In his voluntary statement under Section 67 NDPS Act, he disclosed that parcels were being sent from South Africa by one Martin Gary and were regularly handed over by him to a Nigerian national in Delhi in lieu of monetary consideration. He admitted that the present parcel was also to be delivered at Sunil Dairy, Gali No. 22, Sant Garh, Tilak Nagar, New Delhi.

6. In the evening, the NCB team accompanied by the petitioner, Pradeep Kumar Jha to the said location, where, at his instance, one person came to collect the parcel and was apprehended. He disclosed his identity as Ekoh Collins Chidubem, the present petitioner. From his possession, Rs.27,500/- was recovered, which he admitted was the consideration to be paid to the petitioner, Pradeep Kumar Jha for the present consignment. In his voluntary statement, he disclosed that he had earlier collected 7-8 parcels form the petitioner, Pradeep Kumar Jha on instructions of his South African associate, namely Uche, and that the present consignment was also arranged by the same person.

7. Both the petitioners were arrested on 22.05.2022. their mobile phones were seized, mirror images extracted, and chats were found with Franklin Uche Aneke @ Edward P. Anderson @ Frank Anka @ Jospeh Mendy @ Martin Gary, corroborating their complicity in drug trafficking.

8. It is alleged that Call Detail Record [Hereinafter “CDR” ] analysis established their regular communication. It was further found that the passport of the petitioner, Ekoh Collins Chidubem, was forged.

9. On the basis of the above material, a complaint under Sections 8/21/23/29 NDPS Act has been filed.

10. The learned Special Judge, NDPS, vide order dated 16.09.2023, rejected the bail application of petitioner, Ekoh Collins Chidubem, and vide order dated 19.12.2924, rejected the bail application of petitioner, Pradeep Kumar Jha, observing in both orders that recovery of a commercial quantity of heroin stood established from the DHL parcel and that there was substantive material linking the petitioners to the conspiracy of drug trafficking. It was held that the rigours of Section 37 NDPS Act squarely appl