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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on 23^rd February, 2007

Delivered on 19 March, 2007

BAIL APPLN. NO. 215/2007

TUNDE GBAJA

……Petitioner

Through Mr.R.A. Worso Zimik, Advocate

Versus

CENTRAL BUREAU OF INVESTIGATION

…..Respondent

Through Mr. Harish Gulati with Mr. Rohit Sharma, Advocates

CORAM:

HON’BLE MR. JUSTICE S. RAVINDRA BHAT

1. Whether reporters of local papers may be

allowed to see the judgment?

Yes

2. To be referred to the Reporters or not?

Yes

3. Whether the judgment should be reported

Yes

in the Digest?

%

MR. JUSTICE S. RAVINDRA BHAT

1.

The present petitioner/accused is a Nigerian national claiming to be in possession of a

valid International passport issued by the Federal Republic of Nigeria. He claims bail, and

asserts that he has to be released in terms of Sections 167(1) & (2) of the Code of Criminal

Procedure (Cr. PC.).

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2.

The brief facts necessary to decide this application are that the Petitioner was

apprehended by the Central Bureau of Investigation ( “CBI,” hereafter referred to as “the

Respondent”) on 25.9.2006, based on a complaint of one Sh. Vivek Ahlawat intimating it that a

consignment of counterfeit bank drafts and postal orders of foreign currency were received by

him.

3.

The Respondent, on receiving the complaint registered the First Information Report

(FIR) against the accused, namely, M/s Joshua, Eubuoniwa and Joseph for offences punishable

under section 120 B read with Sec.489-A to 489-E of IPC. The Respondent raided premises of

the Petitioner on suspicion that accused persons were in hiding, but none of them were found

there. The Petitioner alleged that he and his three other friends, found at the premises were

apprehended by the C.B.I and taken into custody for interrogation.

4.

The Petitioner alleges that he was produced before the concerned magistrate after expiry

of 24 hours of his arrest i.e. on 27.09.06 and the magistrate sent him to judicial custody and

since then he is in custody. He further alleges that even after the expiry of 90 days the

Respondent failed to file a charge sheet or a challan against him in respect of the alleged

offence for which he was arrested. It is alleged that a part charge sheet was filed against him

for his over staying in India, after the expiry of his visa. The visa was valid up to 08.06.2006.

5.

The Petitioner states that on 10.10.2006, he applied for bail before the ACMM, which

was rejected. The extracts of the order dated 13.10.2006 are as follows;

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is made out. The application is hereby dismissed”

6.

The petitioner moved the learned Additional Sessions Judge, which too, rejected his bail

application on 10.01.2007. The extracts of the order dated 10.01.2007 are as follows;

7.

The Respondent in its reply has stated that a complaint by the Senior Security Specialist

of Federal Express (Fed Ex) alleging that fake postal orders, drafts of foreign countries were

being sent to various places through Federal Express, by Mr. Joshua and Mr. Eubouwman Nosa

Victor was received by it. Thereafter a search was conducted on 25.9.2006 at 10.30 pm and it

concluded on 26.9.2006 at 01.30 hrs. The raid was conducted at 120 D, Gokul Apartment,

Krishna Nagar, Gali No. 5, Safdarjung Enclave, N.Delhi. At that time Mr. Josha was not

present at the premises but Mr. Nosa Victor was present along with four other Nigerian

Nationals. It is alleged by the Respondent that the Petitioner was one amongst them. The

Respondent states that during the raid some incriminating materials were seized. It is also

alleged that the Petitioner was found residing in India without any valid documents since

9.6..2006 till his arrest on 26.9.2006 and thus he violated the provisions of Section 14 of the

Foreigners Act, 1946 for which a charge sheet was filed before the court of the Metropolitan

Magistrate within the stipulated time i.e. 60 days of his arrest.

BAIL APPLN