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
| 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
The court found that significant prima facie evidence indicates the applicant's involvement in drug trafficking and conspiracy, justifying the denial of bail.
The decision was based on the lack of material indicating the applicant's knowledge of the contraband and the satisfaction of the twin conditions of Section 37 of the NDPS Act.
The court emphasized that under the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to offend again, reaffirming the need for s....
Bail under the NDPS Act requires evidence proving reasonable belief in the accused's innocence and no risk of reoffending, with the burden on the accused to demonstrate these conditions.
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact o....
The main legal point established in this judgment is that the statement of a co-accused recorded under Section 67 of the NDPS Act is inadmissible as evidence. The court also emphasizes the importance....
Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reas....
The central legal point established in the judgment is the application of Section 37 of the NDPS Act, which applies when a commercial quantity of contraband is to be delivered to the accused, and the....
Narcotic Drugs - Bail Application dismissed - Heroin - Powers of High Court or Court of Session regarding bail - Power to grant bail is not only subject to limitations contained under S. 439 CrPC, bu....
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