Delhi HC Dismisses Bail Plea Of Foreign National Accused Of Possessing Heroin

(MENAFN- IANS) New Delhi, April 3 (IANS) The Delhi High Court has dismissed the bail application of a foreign national accused of possessing over 500 grams of heroin, holding that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were attracted in the case.

The accused, Chibuzor, was arrested in connection with FIR No. 578/2022 registered at Vikaspuri police station under Section 21 of the NDPS Act and Section 14 of the Foreigners Act.

A single-judge Bench of Justice Girish Kathpalia noted that the quantity of heroin allegedly recovered from the accused was more than double the commercial quantity, thereby attracting the stringent conditions for the grant of bail under Section 37 of the NDPS Act.

According to the prosecution, acting on secret information, the police laid a trap and apprehended the accused, recovering the contraband from a bag carried by him after completing procedural formalities.

In support of the bail plea, counsel for the accused raised multiple contentions, including that the grounds of arrest were not verbally communicated to the accused, there were contradictions in the testimonies of prosecution witnesses, and the chain of custody of the seized contraband was doubtful.

It was also argued that the Head Constable who received the secret information was not competent to conduct the raid.

Opposing the bail plea, the prosecution argued that the recovery was effected following due procedure after a trap was laid on the basis of secret information, and the contraband was recovered from a bag carried by the accused.

In its order, the Delhi High Court observed that at the stage of bail, a detailed examination of evidence is not warranted.

“It is trite that at the stage of bail, the court cannot minutely examine the evidence on record. It is only the broad contours of the evidence that have to be kept in mind,” Justice Kathpalia said.

Dealing with the contention regarding the competence of the officer, the Delhi High Court said the FIR reflected due compliance with procedure.“The Head Constable, after receiving the secret information, produced the informer before the Sub Inspector, who satisfied himself after speaking with the secret informer and then shared the information with the concerned ACP. It is the concerned ACP, who authorised the raid,” Justice Kathpalia observed.

The Delhi High Court held that none of the submissions advanced on behalf of the accused satisfied the mandatory twin conditions under Section 37 of the NDPS Act.

“There has to be an argument and material before the bail court, which can satisfy the court that there are reasonable grounds for believing that the accused is not guilty of the offence charged and that he is not likely to commit any offence while on bail,” the order said.

Dismissing the plea, Justice Kathpalia concluded:“In my considered opinion, the case set up by the accused/applicant in the present case fails at the anvil of twin conditions laid down under Section 37 NDPS Act; therefore, the bail application is dismissed.”

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