$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:
31. 01.2019 BAIL APPLN. 2861/2018 EJIME DAVID versus STATE (NCT OF DELHI) ........ Petitioner
..... Respondent Advocates who appeared in this case: For the... Petitioner
: For the Respondent: Mr. Anoop Gupta, Advocate. Mr. Hirein Sharma, APP for the State. ASI Sanjay, Narcotics Cell. CORAM:-
"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.
(ORAL) 1.... Petitioner
seeks regular bail in FIR No.75/2017 under Sections
NDPS Act and Section 14 Foreigners Act, Police Station Crime Branch.
2. The allegations are that on 24.05.2017, secret information was received that two persons would come from Punjab to receive huge consignment of heroin from one African national. A raiding party was prepared. No independent witness was willing to join the raiding party.
3. It is alleged that at the place which was informed, the raiding party found a Fortuner Car parked in which two of the co-accused were sitting. Subsequently, the petitioner came to the spot and handed over the consignment of heroin to the co-accused. The raiding party apprehended BAIL APPLN. 2861/2018 Page 1 of 3 one of the two accused and the petitioner and the third accused fled away from the spot.
4. On search of the petitioner, 160 grams of heroine is alleged to have been recovered from his right pocket (commercial quantity being 250 grams).
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He further submits that the requirements of Section 50 NDPS Act has not been complied with.
6. 7.
8. The petitioner has been in custody since 24.05.2017. Report from FRRO is produced. The same is taken on record. The name of the petitioner, as recorded in the proceedings and in the FIR, is EJIME DAVID. An affidavit has been filed along with copy of the passport of the petitioner showing that the actual name of the petitioner is OJEMUDIA PAUL. The affidavit of the petitioner indicates that EJIME DAVID is his nick name and his actual name is OJEMUDIA PAUL.
9. The petitioner has also been charged under Section 14 of the Foreigners Act.
10. Pending the present proceedings, a fresh passport has been obtained by the petitioner and he has been granted a Stay Visa within the observations “Court case pending. No exit without Court orders” 11. Without commenting on the merits of the case and keeping in view of the fact that petitioner has been in custody since 24.05.2017 and has also BAIL APPLN. 2861/2018 Page 2 of 3 been granted a Stay Visa, I am of the view that petitioner has made out a case for grant of regular bail. Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on bail, if not required in any other case.
12.... Petitioner
shall not do anything which may prejudice either the trial or the prosecution witnesses.... Petitioner
on being released shall provide his local mobile number as well as the residential address to the Investigating Officer.... Petitioner
shall keep the Investigating Officer informed of any change in his mobile number and his residential address.... Petitioner
shall not leave the country without the permission of the Trial Court.
13. The petition is allowed in the above terms.
14. Order Dasti under signatures of the Court Master. JANUARY31 2019 st SANJEEV SACHDEVA, J BAIL APPLN. 2861/2018 Page 3 of 3