BAIL APPLN. 2619/2019Page 1 of 6

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 12.01.2022

% Pronounced on : 19.04.2022

+

BAIL APPLN. 2619/2019

FESTUS CHUKWUDI ODOM

..... Petitioner

Through:

Mr. J.S. Kushwaha, Adv.

versus

NCB

.... Respondent

Through: Mr. P.C. Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

1.

The present bail application has been filed by the petitioner

under Section 439 Cr.P.C. seeking regular bail in case No. SC/30/18

U/s 8(C) & 21 (B) of the NDPS Act pending before the Court of Ld.

Special Judge, NDPS, New Delhi.

2.

Briefly stated, the facts of the present case are that on

04.08.2018, on the basis of a secret information, the present petitioner

was intercepted near Dabri More, New Delhi and during his search 95

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001423

BAIL APPLN. 2619/2019Page 2 of 6

Grams of Heroin and 24 Grams of Cocaine was recovered from his

possession which was to be delivered by him to some other person.

3.

I have heard Ld. counsel for the petitioner, Ld. counsel for the

respondent (NCB), perused the Status Report and also perused the

records of this case.

4.

It is submitted by the Ld. counsel for the petitioner that the

petitioner has been falsely implicated in the present case. He further

submitted that nothing suspicious was recovered from the body of the

petitioner and the alleged contrabands were recovered from the bag

carried by the petitioner. He further submitted that the alleged

recovered contrabands i.e. 95 grams of heroin and 24 grams of cocaine

are less than the commercial quantity. He further submitted that as the

alleged recovery of contrabands is more than the small quantity but less

than the commercial quantity, as specified in the NDPS Act, the

embargo of Section 37 of NDPS Act is not attracted in the present

case. He further submitted that the mandatory provision of Section 50

of the NDPS Act have not been complied. He further submitted that

the petitioner is a 35 years old man having clean antecedents and he is

in J.C. since 05.08.2018.

5.

Ld. counsel for the petitioner has relied upon the following

judgments:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001423

BAIL APPLN. 2619/2019Page 3 of 6

(a) Nikesh Tarachand Shah Versus Union of India & Anr. (Writ

Petition (criminal) No. 67 of 2017.

(b) Sandeep Kumar Versus Central Bureau of Narcotics (CRL.A.

462/2016) decided on 08.07.2019 by this Court.

(c) Arif Khan @ Agah Khan Vs. State of Uttarakhand Crl. APP No.

273/2007 decided on 27.04.2018.

(d) Deepak Singh Vs. State, Bail Application 1854/2017 decided by

this Court.

(e) Anwar Ali Vs. State of Chhattisgarh (2008) 16 SCC 501.

(f)

Dataram Singh Vs. State of Uttar Pradesh & Anr. Criminal

Appeal No. 227/2017.

6.

On the other hand, while opposing the bail application, it is

submitted by the Ld. counsel for the respondent (NCB) that the

petitioner in his statement recorded U/s 67 of the NDPS Act admitted

his involvement in the present case. He further submitted that the

contrabands allegedly recovered from the petitioner are individually

less than the commercial quantity but petitioner has committed a

serious offence under NDPS Act. He further submitted that petitioner

arrived in India on 02.11.2013 on a medial Visa for a short time but he

did not go back to his country neither he get renewed his visa. He

further submitted that the petitioner is a foreign national and member of

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001423

BAIL APPLN. 2619/2019Page 4 of 6

international drug syndicate and there is every possibility of his

evading the trial and he may commit the offence again in future, in case

released on bail.