J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

BAIL APPLN. 981/2023

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 a case titled as State vs. Harjinder Singh &Ors.SC NO. 8689/2016. FIR NO.

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

2. Briefly Stating, 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 the investigation 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. The case of the prosecution is that at the instance of accused Shabir Ahmed Bhat@Sehjah the present applicant /accused Ugo Geoffry Franklin was arrested on 01.12.2015,and 1kg of heroin was alleged to be recovered from his possession and another accused Shabir Ahmed Bhat 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. 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.

6. Learned counsel for the applicant submits that the accused Ugo Geoffery Franklin 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 Bail Appl. 3243/2021 which was dismissed as withdrawn vide order dated 13.01.2023.

7. 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.

8. 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.

9. 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 Ugo Geoffery Franklin is as under:

i. Statements of recovery witnesses regarding handing over of 01kg heroin by Ezeh to Ugo Geoffery Franklin to deliver the same to Shabir Ahmed Bhat at spot and recovery of 01 kg heroin from Ugo Geoffery Franklin on

01/12/2015.

ii. Disclosure statements of accused persons and in pursuant of those disclosure further recoveries and arrests were effected accordingly including Ugo Geoffery Franklin.

iii. Mobile CD Connectivity of accused Ugo Geoffery Franklin through his mobile numbers 9958236943 and 7838943486 with accused Shabir Ahmed Bhat upon his mobile number 9555631912 iv. Statement of PW to prove impersonation, forgery etc v. FSL Report regarding herein vi. Report of voice exhibits which will prove voice of accused with his voice in intercepted calls. As per FSL report voice of accused Ugo Geoffery Franklin has been matched with intercepted calls.

vii. Intercepted calls of accuse