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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Okoli Anayo Franklin – Appellant
Versus
State Nct Of Delh – Respondent
JUDGMENT :
SAURABH BANERJEE, J.
1. By virtue of the present bail application under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of regular bail in proceedings arising from FIR No.168/2021 dated 10.11.2021 registered at PS.: Maurice Nagar, Delhi under Sections 21 /25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) read with Section 14 of the Foreigners Act, 1946.
2. As per FIR, on 09.11.2021 at about 09:00 PM, secret information was received that two citizens of African origin, namely Ora Gevisin @ Leonard and Okoli Anayo Franklin i.e. the applicant herein involved in supply of heroin in Delhi, would travel from Delhi University, Patel Chest to Roop Nagar between 10:00 PM and 10:30 PM in a white Toyota Corolla Altis bearing No.HR-26AU-2145 (Car). Pursuant to directions from the ACP, Operations Cell, North District, Delhi (ACP), and after reducing the same into writing as DD No.17 dated 09.11.2021 at 09:35 PM, at about 10:15 PM, a raiding team intercepted the said Car near Daulat Ram College red light, Sant Kripal Marg, Delhi University when the driver attempted to flee towards Vijay Nagar
The court ruled that the applicant's prior offenses and lack of permanent ties in the country pose a high flight risk, thus failing to meet the bail conditions under the NDPS Act.
The court established that non-disclosure of grounds of arrest does not necessarily warrant bail under the NDPS Act, particularly when the applicant has significant criminal antecedents and the prose....
The strict conditions under the NDPS Act for bail must be met, including evidence of non-guilt and absence of risk of re-offence, which the applicant failed to demonstrate.
The recovery of a commercial quantity of contraband, illegal residence in India, and lack of passport can be decisive factors in denying bail under the NDPS Act.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
Section 67 of NDPS Act cannot be made basis for registering the case against other person.
Grant of bail based on prolonged custody and slow trial progress
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