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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Tinimo Efere Wowo - Appellant
Versus
The State Govt. Of Nct Of Delhi - Respondent
Bail Appln. 2677/2020
Decided On : 05-01-2022
Bail Application - NDPS Act - Section 9/21/25A - Section 471 IPC - Section 14 of the Foreigners Act - [Section 9/21/25A of NDPS Act, Section 471 IPC, Section 14 of the Foreigners Act]
Fact of the Case:
The petitioner filed a bail application seeking regular bail in a case involving the recovery of Pseudo Ephedrine and Cocaine. The petitioner, a foreign national, was arrested and charged under Section 9/21/25A of NDPS Act, Section 471 IPC, and Section 14 of the Foreigners Act.
Finding of the Court:
The court considered the nature of the recovered substances, the petitioner's foreign nationality, and the principles of bail eligibility. It found that the petitioner, despite being a foreign national, was entitled to bail based on the specific circumstances of the case, including his family ties and the nature of the recovered substances.
Issues: The main issues revolved around the eligibility of the petitioner for bail, the classification of the recovered substances, and the application of Section 37 of the NDPS Act.
Ratio Decidendi: The court emphasized that the recovered substance, Pseudo Ephedrine, was a controlled substance under Section 9A of the NDPS Act, not a narcotic drug or psychotropic substance. It also considered the petitioner's foreign nationality and cited legal precedents to support the grant of bail in such cases.
Final Decision: The court granted bail to the petitioner, emphasizing his family ties and the non-applicability of Section 37 of the NDPS Act. The petitioner was required to furnish a personal bond and sureties, report to the police regularly, and stay within the limits of NCT of Delhi.
ORDER
Rajnish Bhatnagar, J. - The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 33/2018 under Section 9/21/25A of NDPS Act & under Section 471 IPC & Section 14 of the Foreigners Act registered at P.S. Crime Branch, Delhi.
2. Briefly stated, the facts of the case are that on 09.02.2018, a secret information was received by ASI Anil Kumar that one person namely Vinay Sharma would come at about 4:30 PM to supply Pseudo Ephedrine to a person near Chanakya Market Bus Stand, Janakpuri, Delhi. On this information, a raid was conducted and one accused namely Vinay Sharma was apprehended and 10 Kg. Pseudo-Ephedrine was recovered from his possession. On the basis of above recovery, the present FIR was registered. During investigation, accused Vinay Sharma was arrested and he was interrogated and he disclosed that he has procured the recovered substance from one Piyush of Jirakpur near Chandigarh. It was also disclosed by the arrested accused that he can take the police to Chandigarh and Jirakpur to point out the places, where the supplier namely Piyush used to meet him to deliver the drugs to him.
3. During PC remand accused Vinay Sharma was taken to Jirakpur, Punjab to apprehend the supplier of recovered pseudo-ephedrine. On this, a call was made on the phone of source of contraband namely Piyush Srivastava by accused Vinay Sharma and he was asked to meet him near Sethi Dhaba, Jirakpur, Punjab. On this, source Piyush came near Sethi Dhaba, Ambala road, Jirakpur and he was apprehended from there. After serving notice under section 50 NDPS Act, cursory search of accused Piyush was conducted but nothing incriminating thing could be recovered from his possession. But he confessed to have delivered the recovered substance to accused Vinay Sharma. On this, accused Piyush Srivastava was arrested in the present case and intimation regarding his arrest was conveyed to local police station. He was interrogated there but he did not co-operate and did not disclose as to from where he has procured the recovered pseudo-ephedrine. After this, he was brought to Delhi and again subjected to sustained interrogation. During interrogation he disclosed that he has procured the recovered Pseudo Ephedrine from one Praveen of Chandigarh, who is known to him as he used to purchase medicine from him. Accused Piyush also disclosed that he has kept the remaining quantity of Pseudo Ephedrine which he procured from Praveen Kumar in his office at Panchkula, Haryana. He told that he didn't know the complete address of Praveen but he can help police in tracing from their meeting points.
4. Four days PC remand of accused Piyush Srivastava was obtained and he was taken to Zirakpur, Punjab and Chandigarh at the address of the alleged source namely Parveen Gupta but Parveen Gupta was not found present there. On this, a notice was served to Mohan Lal Gupta (brother of alleged source Parveen Gupta). Search of the office of the accused situated at Phase-I, Industrial Area, Panchkula, Haryana was also made but nothing incriminating could be recovered from there. One day more PC remand of accused Piyush Srivastva was obtained and on his pointing out 1.5 Kg. Pseudo-ephedrine was recovered on 16.02.2018 from Singhu Border, Narela, Delhi.
5. Thereafter, the present petitioner was apprehended on 16.02.2018 at the instance of accused Piyush Srivastava and 3.5 Kg. Pseudo-ephedrine and 15 gm. Cocaine was recovered from his possession. The petitioner was arrested and his passport and Visa were got verified from the External Affairs Ministry and it was found that Visa sticker on the passport of the petitioner was fake. Therefore, Section 14 Foreigner Act and 471 IPC were added in the present case.
6. I have heard the Ld. counsel for the petitioner, Ld. APP for the State, perused the Status Report and the records of this case.
7. It is submitted by the Ld. counsel for the petitioner that the petitioner was arrested on t
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