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IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
Martin Chikamma Nwokorie - Appellant
Versus
Narcotic Control Bureau - Respondent
Bail Appln. 3542 of 2021
Decided On : 21-03-2022




The court found that significant prima facie evidence indicates the applicant's involvement in drug trafficking and conspiracy, justifying the denial of bail.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 21(c), 23(c), and 29 - Bail application under Section 439 of the Cr.P.C. - The applicant sought bail claiming that the prosecution case relied solely on confessional statements and lacked corroborative material - The court held that evidence showed recovery of commercial quantity of heroin and a conspiracy, thus, denying bail. (Paras 1, 28, 31)

(B) The court considered that the mobile data and statements provided adequate grounds to indicate the involvement of the applicant in illegal drug trafficking operations.

(C) Reliance on precedent cases underscored the necessity of corroborative evidence for conviction, yet the court concluded the evidence presented prima facie indicated the applicant's guilt. (Paras 24-30).

Findings of Court:
The court concluded that the circumstances of the case provided substantial evidence against the applicant despite the claims made regarding statement admissibility, leading to a rejection of the bail application.

Issues: The primary issues included the admissibility of confessions and the overall sufficiency of evidence for bail consideration.

Ratio Decidendi: The court emphasized that prima facie evidence against the applicant involved substantial connections to the trafficking conspiracy, justifying the denial of bail.

Result: Application for bail rejected.

Table of Content
1. application for bail under section 439 of cr.p.c. (Para 1)
2. details of the narcotics seizure and controlled delivery. (Para 2 , 3 , 4 , 5)
3. admissions made by lhingneihat lhouvum. (Para 6 , 7)
4. circumstances surrounding the applicant's arrest and further evidence. (Para 8 , 9 , 10 , 11)
5. recovery and investigation at the applicant's residence. (Para 12 , 13 , 14)
6. mobile data and related investigations. (Para 15 , 16)
7. extraction and findings from mobile devices of the accused. (Para 17 , 18 , 19 , 20)
8. allegations of criminal conspiracy in drug trafficking. (Para 21 , 22 , 23)
9. reliance on legal precedents by the applicant. (Para 24 , 25)
10. counterarguments and case law from the ncb. (Para 27)
11. court analysis of the evidence provided. (Para 28 , 29 , 30)
12. conclusion on bail application rejection. (Para 31)
13. no prejudgment on case merits. (Para 32)

JUDGMENT

Anu Malhotra, J. The applicant, Martin Chikamma Nwokorie vide the present application seeks the grant of regular bail in terms of Section 439 of the Cr.P.C. in relation to Sessions Case No.9/2021 in relation to complaint case No.VIII/33/DZU/2020 filed by the Narcotics Control Bureau under Sections 8(c), 21(c), 23(c) and 29 of the NDPS Act, 1985.

2. The applicant in the instant case is indicated to have been arrested on 14.07.2020 at about 2200 hours. The prosecution version put forth through the complaint of the Narcotics Control Bureau, Delhi Zonal Unit indicates to the effect that on 10.07.2020, the Director General of the Narcotics Control Bureau had authorized Sh.Rampal, Intelligence Officer/DZU to undertake the control delivery of parcel Airway Bill No.3449436874 and Airway Bill No.3449436922 which was believed to contain Narcotic Drugs vide order No. XVIII/03/2020/lnt dated 10.07.2020 after requisite formalities by making entries in the movement register in collecting various items required for seizure, Sh.Rampal, Intelligence Officer along with his team left the Delhi Zonal Office at about 10.20 hours on 11.07.2020 and reached the destination at Aramex India Pvt. Ltd, Plot No.211, Bamnoli Village, New Delhi-77 at 11.15 hours on 11.07.2020, whereafter, Sh.Rampal, Intelligence Officer shared the information about controlled delivery of Airway Bill No.3449436874 & Airway Bill No.3449436922 with the Manager Security, Aramex India Pvt. Ltd. on which the system was checked by Mr. Sandeep Saroha who informed Sh. Rampal Intelligence Officer that AWB-3449436922 had reached and the second parcel bearing AWB-3449436874 was on the way and that the AWB No.3449436922 was brought before the team of the NCB by Mr. Sandeep Saroha and on checking the same in the presence of independent witnesses, it was found to contain six smaller sized cardboard boxes which were further found to contained LED lights and on checking of LED lights one packet of an off white substance was found in each light concealed beneath the panel of the lights and the suspected substance was removed from all the six LED lights and examined and a small amount of substance was taken one by one from all the six packets and tested with the field testing kit and all the tests gave positive result for the presence of heroin, and as the substance in all the six packets was similar in colour and texture, a homogenous lot was made and weighed which was found to weigh 500 gms and two samples of 05 grams each were taken and put in two plastic zip lock pouches and then put in white colour paper envelops.

3. As per the complaint, on 14.07.2020, Sh. Rampal, the Intelligence Officer received information from Sh. Sandeep Saroha of Aramex Courier that the receiver of the parcel was coming to Aramex to collect the parcel Air Way Bill Number 3449436922, in as much as, there were directions to the Intelligence Officer for conducting control delivery vide letter No. XVIII/03/2020/INT, the manager security Aramex was informed that the consignment be not returned nor sent and a dummy consignment for

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