BAIL APPLN. 3705/2020 & 4187/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

BAIL APPLN. 3705/2020 &

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BAIL APPLN. 4187/2020

Order reserved on:07.03.2022

Date of decision : 31.05.2022

EBERA NWANAFORO

..... Petitioner

Through:

Mr.Sumit Sarna, Advocate

Versus

NARCOTICS CONTROL BUREAU

..... Respondent

Through:

Mr.Subhash

Bansal,

Sr.

Standing Counsel for NCB

with

Mr.Shashwat

Bansal,

Advocate

AND

FRANK VITUS

..... Petitioner

Through: Mr.Ajay Verma, Advocate

Versus

NARCOTICS CONTROL BUREAU

..... Respondent

Through:

Mr.Subhash Bansal, Sr.

Standing Counsel for NCB with

Mr.Shashwat Bansal, Advocate

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J.

1.

The applicants, Ebera Nwanaforo (applicant of Bail Appln. No.

3705/2020) and Frank Vitus (applicant of Bail Appln. No. 4187/2020)

2022:DHC:2175

BAIL APPLN. 3705/2020 & 4187/2020

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seek the grant of bail in SC No. 9148/2016 submitting to the effect

that they have been incarcerated since 21.5.2014 when they were

arrested at the Main Road, Mahipalpur, Delhi by the NCB officials in

front of Hotel International Inn and a case was registered under

Sections 8, 22, 23 & 29 of the NDPS Act, 1985 against them. The

applicants submit that they have clean antecedents and have never

been involved in any criminal case of any nature and are respectable

persons.

2.

It is further submitted by the applicants that on 21.5.2014, some

samples were allegedly recovered from a black coloured bag with the

marking „DELL‟ which was carried by the co-accused Eric Jayden

and no such contraband material was recovered from the applicants at

the time of their arrest and that they were arrested on the statement

under Section 67 of the NDPS Act, 1985 of the co-accused Eric

Jayden from whom the said black colour bag with the marking

“DELL” was recovered from which the contraband material was

recovered. The applicants further submit that there is no document that

the prosecution has put forth on the record to show that the black

coloured bag with the marking „DELL‟ which was carried by the co-

accused Eric Jayden from which the 1.900 Kgs of contraband material

was recovered belonged to the applicants and the applicants reiterate

that they have no concern or connection with the material recovered.

The applicants further submit that they have been incarcerated for

more than 8 years now.

3.

The applicants submit that as per the status report dated

9.1.2021 submitted by the NCB in Bail Appln. No. 3705/2020 till the

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BAIL APPLN. 3705/2020 & 4187/2020

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said date, out of the cited 34 witnesses as per the complaint, 12

witnesses had been examined and whereas as per the submission of

the status report dated 10.3.2021 in Bail Appln. No. 4187/2020, 13

witnesses had been examined. Both the applicants have submitted that

none of the witnesses examined so far have testified in relation to any

recovery of any contraband from their possession.

4.

It is submitted on behalf of the applicants that as per the

complaint submitted by the NCB itself there was no averment in

relation to any specific recovery of any contraband from the applicant

Ebera Nwanaforo (applicant of Bail Appln. No. 3705/2020) and that

even in relation to the alleged recovery of two blue coloured drums

containing a liquid substance from the ground floor of the RZG-50-51,

G Block, Raj Nagar Part-II, Palam Colony 559/4 New Delhi which

had been allegedly rented out to the accused Frank Vitus (applicant of

Bail Appln. No. 4187/2020) which was alleged to contain Phenyl-2-

Propane, the CRCL report received as per the complaint itself opined

that the said samples were not found positive for Phenyl-2-Propanone

and are found positive for cellulose and calcium carbonate.

5.

It is also submitted by the applicants that the alleged recovery

1.450 Kgs of Methamphatemine