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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1776/2022

FRANCES EMODI @ BABA@ AMANZE AUGUSTUS

..... Petitioner

Through:

Mr. Arun K. Srivastava and

Ms.Shahina Praveen, Advocates.

versus

STATE GOVT. (NCT OF DELHI)

..... Respondent

Through:

Ms. Meenakshi Chauhan, APP for

State with SI Vishan Kumar,

Narcotics Cell, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1.

The petitioner has prayed for grant of regular bail. It is stated that he

was arrested by the Crime Branch police on 25.07.2020 U/s 21/25 of the

NDPS Act, Section 14 of the Foreigners Act 1946, Section 12 of the

Passport Act, & 467/468/471 IPC and he is in judicial custody since then.

Charge-sheet has been filed.

1.1

As per the petitioner he is innocent and has been falsely implicated in

the present case. The search and seizure proceeding are vitiated as the same

was not conducted in the presence of an independent witness and is not in

consonance with Section 50 of the NDPS Act. The sample was not drawn at

the spot, rather the same was drawn on 29.07.2022 before learned SDM,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002780

Hauz Khas, Delhi in the absence of the petitioner and the possibility of

tampering with the same is not ruled out. The report of FSL is still awaited.

1.2

The alleged recovery of the substance is of intermediate quantity. No

such contraband was recovered during house search of the petitioner and he

has no contact with any person dealing in drugs.

1.3

The petitioner is in jail since 25.07.2020 and the trial will take a long

time, hence the petitioner may be granted bail as he is not a previous convict

and there is no chance of his fleeing from justice or repeating the offence.

1.4

The Trial Court has dismissed the bail application on 01.04.2022,

hence the petitioner has prayed for grant of bail before this Court.

2. The status report has been filed by the State mentioning therein that

on 24.07.2020 a secret information was received by SI Ravi Saini that one

person, namely, Baba is indulging in supply of Heroin in Delhi. The raiding

team was constituted and trap was laid. Thereafter the present petitioner was

apprehended from a street near Dalip Shoes, D Block Krishna Park, Devli

Road, Khanpur, Delhi. He voluntarily led the police party to his residence,

i.e. A-3, 2^nd Floor Jawahar Park, Devli Road, Delhi. After opening the lock

of his rented flat, he took out one white coloured transparent polythene

pouch and the said pouch was containing brown coloured powdery

substance, which was tested through Field Testing Kit and it was weighed

through electronic weighing machine and it was found to be containing 100

grams Heroin. Polythene pouch was converted into pullanda, sealed and

seized. The said pullanda was deposited in the Malkhana of Police Station

Crime Branch Delhi after compliance under Section 55, NDPS Act.

2.1

The process of drawing of sample under Section 52A of NDPS Act

was done by learned SDM, Saket Court on 30.07.2022 and the sample had

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002780

been deposisted with the FSL for analysis. The result has been obtained and

it is found to be positive.

2.2

The accused was arrested. He revealed his nationality as a resident of

Ghana and produced his original passport. However, the High Commission

of Ghana has given a report that the passport is fake. The petitioner was re-

interrogated in Tihar Jail where he revealed his true name and him being a

resident of Nigeria. He got the Ghanaian passport prepared through an agent

from his country Nigeria. He came to India on 31.12.2018 using the fake

passport and has been staying in India since then and got his Visa extended

several times. Section 14 of Foreigners Act and Section 12 of Passport Act

as well as Section 467/468/471 IPC were also invoked in the case. Charge-