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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Edwin Emeka Igbokwe - Appellant
Versus
Narcotics Control Bureau - Respondent
Bail Application No. 85 of 2021
Decided On : 15-03-2021
NDPS Act - Bail Application - Section 21, 23, 29 - The court discussed the provisions of Section 37 of the NDPS Act, which makes the offences under the Act cognizable and non-bailable. The court emphasized that bail can only be granted when there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The court cited various judgments to support its decision and highlighted the need for substantial probable causes for believing that the accused is not guilty of the alleged offence.
Fact of the Case:
The petitioner filed a bail application seeking regular bail in a case pending in the Court of Special Judge, NDPS Act, Patiala House. The case involved the recovery of narcotics from a parcel and the petitioner's alleged involvement in drug trafficking.
Finding of the Court:
The court found that the recovery of narcotics from the parcel, the petitioner's possession of similar shock absorbers, tools for concealing contraband, and his communication with the co-accused established a prima facie case against the petitioner. The court also noted the commercial quantity of heroin involved and the provisions of Section 37 of the NDPS Act, which restrict bail in such cases.
Issues: The issues involved the admissibility of the disclosure statement, the petitioner's alleged involvement in drug trafficking, and the applicability of Section 37 of the NDPS Act in restricting bail for offences involving commercial quantity of narcotics.
Ratio Decidendi: The court applied the provisions of Section 37 of the NDPS Act and cited various judgments to emphasize the limitations on granting bail in cases involving commercial quantity of narcotics. The court highlighted the need for reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail.
Final Decision: The court dismissed the bail application, citing the petitioner's alleged involvement in drug trafficking, the recovery of narcotics, and the provisions of Section 37 of the NDPS Act.
JUDGMENT
Subramonium Prasad, J. - This application under Section 439 CrPC read with Section 37 of the Narcotics Drugs & Psychotropic Substances Act ( in short 'NDPS Act') is filed by the petitioner seeking regular bail in complaint case No.SC/225/2017 titled as NCB v. Ikechukwu Chukwubuikem Stanley & Ors. pending in the Court of Special Judge, NDPS Act, Patiala House.
2. The petitioner had filed a bail application before the learned Special Judge NDPS, who by order dated 16.12.2020 had rejected the bail application of the petitioner. The petitioner is in judicial custody since 30.01.2017.
3. Shorn of details, the facts leading to this bail application are as follows:
a) On 28.01.2017, Investigating Officer Sh. Rajeev Sehrawat received a secret information that one parcel booked under Airway Bill No.5112788656 is lying with DHL Express Pvt. Ltd. Courier Company 71/3, Rama Road, Delhi which has been booked for Spain and the same might be containing narcotics. The information was reduced into writing and was put up before the Superintendant NCB who directed for further action as per law.
b) A team was constituted for search and seizure proceedings and after completing the necessary formalities, the parcel booked under Airway Bill No. 5112788656 was produced. The card board box was wrapped with adhesive tape. The particulars of the consignor mentioned on the parcel was shown as Anand Kumar, B-101, B Block, Phase-I, Qutab Vihar, New Delhi (copy of the PAN Card and Voter ID of Anand Kumar Thakur was attached with the parcel). The particulars of the consignee was mentioned as Mr. Johnson Kamara Calle Eume 5 Piso 13 B 291011, Malaga Spain.
c) The parcel in question was opened and was found containing two carton boxes with the words 'Roneo Shock Absorber' and two set of musical style hair horn. When the two boxes were opened shock absorbers were found. The shock absorbers were cut open and substance was removed. The recovered substance was tested and found positive for heroin. Since substance recovered from both shock absorbers were of similar nature, colour, texture and found positive for heroin, the substance of both shock absorbers were collected at a place in a polythene and it was found to be 575 grams. Necessary formalities were done and proceedings were recorded in the panchnama.
d) The parcel was booked on the ID of accused Anand Kumar Thakur and was booked from DTDC Courier Agency, Dwarka Mod, Dwarka, New Delhi. The investigating team visited the DTDC Courier Company on 28.01.2017 and issued summons under Section 67 of the NDPS Act to accused Anand Kumar Thakur for further enquiries. During preliminary enquiries accused Anand Kumar Thakur informed the team that the parcel in question was booked by a Nigerian, namely, Ikechukwu Chukwubuikem Stanley (hereinafter referred as 'Stanley').
e) A team of NCB officers went for arresting Stanley but he ran away. Stanley was ultimately stopped by the NCB Officers with the help of a passerby near Vipin Garden area. It is stated that Anand Kumar Thakur also reached the spot and identified Stanley as the same person who brought the parcel in question and booked the same. Notice under Section 67 of NDPS Act was given to the accused Stanley for further enquiries.
f) Stanley disclosed that the parcel in question was given to him by one Nigerian person, namely, Edwin Emeka Igbokwe (hereinafter referred to as 'the petitioner') R/o R3/113, Upper Ground Floor, Nawada Housing Complex, Uttam Nagar, New Delhi. Stanley also disclosed that he can identify the house of the petitioner and there is every possibility for recovery of contraband from his house.
g) A team of NCB officers along with accused Stanley went to the house of the petitioner. The NCB team requested 3-4 passerby to be witness of the proceedings, to which one Shri Jugal Kishore Sharma joined the proceedings voluntarily. It is stated that NCB team reached the Upper Ground Floor of H.No. R-3/113, Nawada Housing Complex, and the door was opened by
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