J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 660/2023 Exemption allowed subject to just exceptions.

Application stand disposed of.

BAIL APPLN. 93/2023

1. The present bail application has been filed under Section 439 Cr.P.C.

read with Section 37 NDPS Act for the grant of regular bail in the case titled as State vs. Harjinder Singh &Ors.SC NO. 8689/2016. FIR NO.

63/2015; P.S: Special Cell, New Delhi.

2. Briefly Stated facts of the case are that on receipt of secret information on 18.11.2015, a trap was laid at Burari crossing, Outer Ring Road where accused Mangal was seen handing over a packet alleged to be containing 1 Kg white colour heroin to Harjinder Singh and both were apprehended on the spot. It has further been alleged that 1 Kg white heroin was also recovered from the possession of Harjinder and another 1 Kg brown heroin was recovered from the Scooty of accused Mangal on the spot. During investigation, the accused, Mangal made a disclosure statement that he is in the trade of drug supply along with Mohd. Akhtar @ Raja, who used to get a huge supply of heroin from Sehzad. Allegedly 2 kg opium and 1 kg alprazolam were also recovered from the residence of accused Mangal.

3. Further, the case of the prosecution is that at the instance of accused Mangal, the present applicant /accused Ubah Casmir Amobi was arrested on 19.11.2015 from Vikaspuri, Delhi and 300 gms of heroin was alleged to be recovered from his possession. Further, the applicant/accused was also found in possession of fake Indian currency amounting to Rs. 4700/- and another accused Abubakar was also arrested.

4. It has further been alleged that accused Mohd. Akhtar was also arrested on 25.11.2015 and 525 gms of heroin was recovered from his newly purchased flat in New Chauhan Bangar, Seelampur, Delhi.

5. During the investigation accused Mohd. Akhtar made a disclosure statement that led to the arrest of Shahbir Ahmed Bhat @ Sehjad on 29.11.2015. Allegedly 1.8 kgs of heroin was recovered from his possession. On the basis ofa disclosure statement made by Shahbir Ahmed Bhat @ Sehjad accused Ugo Geoffery Franklin and his associate Ezeh Chinedu Joseph were also arrested in their Zeta car in New Friends Colony. It has been also alleged that Ezeh was seen handing over 1 kg heroin to accused Ugo Geoffery Franklin and the quantity of heroin was recovered from his possession on the spot.

6. It is further alleged that applicant/co-accused Ugo Geoffery Franklin disclosed that he used to get the supply of heroin from one Imamudin, an Afghan national who was introduced to him by his Nigerian friend who is presently in Nigeria and they used to supply the heroin to Shahbir Ahmed Bhat @ Sehjad since many months. After the completion of the investigation in case FIR No. 63/2015, charge-sheet was filed under Sections 419/468/471/474/489 Cr.P.C. and Sections

18/21/22/25/29/61/85 NDPS Act and Section 14 of Foreigners Act.

7. Learned counsel for the applicant submits that the accused Ubah Casmir Amobi is in custody since 19.11.2015. Learned counsel for the applicant also submits that earlier also a bail application was moved bearing no. Bail Appl. 3243/2021 which was dismissed as withdrawn vide order dated 02.08.2022.

8. Learned counsel for the petitioner submits that the present accused has been arrested merely on the disclosure statement of co-accused. Learned counsel is heavily relying upon the judgment of the Hon’ble Supreme Court in the Supreme Court legal aid committee representing Undertrial Prisoners V. Union of India &Ors. (1994) 6 SCC 731.

9. Learned counsel for the applicant further submits that co-accused Durgesh has already been granted bail by this court vide order dated

24.05.2023.

10. Learned ASC has opposed the bail application and has submitted that there is a huge recovery from the present petitioner. Learned APP submits that evidence that has appeared against Ubah Casmir Amobi is as under:

“a) Statements of recovery witnesses regarding recovery of 300gms heroin and FICN