Delhi High Court
Ejime David vs State (Nct Of Delhi) on 31 January, 2019
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.01.2019
+ BAIL APPLN. 2861/2018
EJIME DAVID ..... Petitioner
versus
STATE (NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Anoop Gupta, Advocate.
For the Respondent: 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 21/29
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
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. The petitioner has been in custody since 24.05.2017.
7. Report from FRRO is produced. The same is taken on record.
8. 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
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.
SANJEEV SACHDEVA, J
JANUARY 31, 2019
st
