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2023 Supreme(Del) 5589

SWARANA KANTA SHARMA
Stanley Azuka Ewuzie – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Rohan Gupta and Mr. Anoop Kr. Gupta, Advocates, for the Petitioner.
Mr. Manoj Pant, APP for the State.

JUDGMENT

Swarana Kanta Sharma, J. - The instant application has been filed on behalf of applicant under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), seeking grant of regular bail in case FIR bearing No. 233/2018 registered at Police Station Crime Branch, Delhi under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985(`NDPS Act') and Section 14 of Foreigners Act, 1946.

2. Briefly stated, the facts of the case as per prosecution are that on 13.08.2018 at about 5:30 PM, Crime Branch, Delhi had received information that present accused/applicant, who is a Nigerian national was residing at Bengali Colony, Delhi, was engaged in trade/supply of heroin. Following the receipt of secret information, a team was constituted and the applicant herein was apprehended. Upon conducting search of the applicant, a black-coloured polythene containing white powder was recovered and seized from right pocket of his pant. This white power was tested using a field drug testing kit and it was revealed that the white powder recovered from his possession was heroin weighing 305 grams. Accordingly, the present FIR dated 14.09.2018 was registered and the accused/applicant was ar

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