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IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on: 13^th June, 2022

+

BAIL APPLN. 997/2022

EJIKE JONAS ORJI

..... Applicant

Through:

Mr. Adarsh Priyadarshi, Advocate.

versus

NARCOTICS CONTROL BUREAU

..... Respondents

Through:

Mr. Subhash Bansal, Senior Standing

Counsel for NCB with Mr. Shashwat

Bansal, Advocate.

%

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T

1.

By way of this application under Section 439 of the Code of

Criminal Procedure, 1973 [hereinafter, “CrPC”], the applicant seeks

bail in connection with Sessions Case No. 9080/2016, registered by

the Narcotics Control Bureau, Delhi Zonal Unit, Government of India

[hereinafter, “NCB”], under Sections 8(c), 20, 21, 22 and 23 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter,

“the Act”]. The applicant is facing trial in the aforesaid case before the

Court of the learned Special Judge, NDPS Act, Patiala House Courts,

New Delhi [hereinafter, “the Special Court”].

Factual background

2.

The prosecution case against the applicant may be summarized

as follows:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002317

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A.

A secret information was received by the NCB on 26.05.2014 to

the effect that a parcel lying at DHL Express Pvt. India Ltd. 40 Okhla

Estate, New Delhi, was suspected to contain narcotic substances. The

information revealed that the parcel had been booked from ANS

Delhi under AWB No. 5546780993, with Liberia (Africa) as the

destination.

B.

An NCB team reached the DHL office at 2:30 PM on

26.05.2014. In the presence of two independent witnesses, the parcel

bearing AWB No. 5546780993 was opened, and contained ladies’

clothes and accessories, including a packet of 12 “thread piece rolls”.

One of the thread piece rolls was found to have a cavity, which

contained an off white coloured powder in a roll. A small quantity of

the powder was tested with the help of field-testing kit, and gave

positive result for heroin. The remaining 11 thread piece rolls were

thereafter opened, and contained similar cavities with off white

coloured powder. The off white coloured powder from each of the 11

thread piece rolls was tested with the field-testing kit, and it also gave

positive result for heroin.

C.

The powder from the 12 cavities, having the same colour,

texture and properties, was thereafter mixed, and was transferred into

a transparent plastic packet which was weighed on an electronic

weighing machine, and came to weigh 200 grams.

D.

Two samples of 5 grams each were drawn, and put in separate

zip-lock pouches, which in turn, were put in separate white paper

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002317

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envelopes. The packets were sealed with the NCB seal, and signed by

the Investigating Officer [hereinafter, “IO”], and the independent

witnesses. The remaining 190 grams of heroin was kept in a separate

transparent package in a white cloth, and similarly sealed and signed.

The remaining stitching material was separately wrapped. The parcel

contained the name of the consignor as Mr. Ashish Kanojia, 78, Block-

Liberia.

E.

Notices under Section 67 of the Act were issued to both the

independent witnesses and their statements were taken on 09.06.2014.

Two other witnesses, Mr. Shamsher Singh of ANS Express Services

Vasant Kunj, New Delhi, were also issued notices under Section 67 of

the Act, and they made their statements on 04.07.2014 and 14.08.2014

respectively.

F.

Mr. Ashish Kanojia, the consignor of the parcel, was also issued

a notice under Section 67 of the Act, and made a voluntary statement

on 01.06.2014¹.

G.

On the basis of his statement, an information was then prepared

by the IO that the parcel belonged to one Mr. Jonas Orji, who is a

Nigerian national, and is a resident at House No. 363, Dhaka Johar,

near Parmanand Colony, New Delhi [hereinafter, “the propert