Frances Emodi @ Baba @ Amanze Augustus Ofoegbu v. State Govt. of NCT of Delhi

TALWANT SINGH, J JULY 19, 2022/mr

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 19.07.2022 + 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, 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, 2nd 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 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- sheet has been filed and the charges under Section 21 (C) NDPS Act, Section 471 IPC and Section 12 of Passport Act as well as Section 14 of the Foreigner Act have been framed against the petitioner. The case is at the stage of evide