Delhi High Court
Anayo Daniel vs State on 26 November, 2020
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:28.11.2020
19:44:07
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 26th November, 2020
+ BAIL APPLN. 1336/2020 & CRL. M.A. 7924/2020
ANAYO DANIEL ..... Petitioner
Through: Mr. J.S. Kushwaha, Advocate. (M:
9810139156)
versus
STATE ..... Respondent
Through: Mr. Raghuvinder Verma, APP.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The Petitioner has filed the present petition seeking regular bail. He is
a Nigerian national who has been charged with offences under Section 21 of
the Narcotics Drugs and Psychotropic Substances Act, 1985 ("NDPS Act")
and Section 14 of the Foreigner Contribution (Regulation) Act, 1952. He was
found in possession of 130 grams of heroin and was taken into custody on 17 th
December, 2019.
3. Mr. Kushwaha, ld. counsel for the Petitioner submits that the quantity
of contraband seized from the Petitioner is of intermediate quantity and does
not fall within Section 37 of the NDPS Act. He relies upon various orders of
this Court passed by ld. Single Judges in support of his prayer for regular bail.
The said orders are [email protected] v. State [Crl. Appeal No. 663 of 2010;
dated 8th January, 2014], Harish Joshi v. D.R.I. [Bail Application No.
2449/2008, dated 16th January, 2009], Uruakpa [email protected] Don v. State
[Bail Appln. 191/2020, dated 16th March, 2020], Paul Chinedu Ugwar v.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:28.11.2020
19:44:07
State [Crl. A. 448/2015, dated 16th March, 2020], Eziefula Samuel Uchegbu
& Anr. v. State [Bail Appln. 1491/2020, dated 23 rd July, 2020], Chinazor
Festus Mbalugh v. NCB [Crl. A. 76/2020, dated 8th September, 2020] as also
Chinedu v. State [Bail Appln. 1570/2020, dated 11 th November, 2020]. Mr.
Kushwaha, ld. counsel submits that in all such similar cases where only
intermediate quantity has been seized from the accused, bail has been granted
by the Court even though the passport or visa of the accused may have
expired.
4. Mr. Verma, ld. APP, on the other hand, relies upon the status reports
filed on record. He submits that the Status Report of the Ministry of External
Affairs clearly shows that the Petitioner had entered India on a fake passport
bearing no. A3800007A.
5. In view of the fact that the Petitioner was in possession of two passports
issued by the Government of Nigeria i.e. passport bearing no. A3800007A as
well as vpassport bearing no. A00333783, vide order dated 10th September,
2020, the Court had directed that the said passports be verified from the High
Commission of Nigeria. The Court had also directed the Jail Authorities to
permit the Petitioner to complete any formalities required in relation to his
application for renewal of the genuine passport to the Nigerian Embassy.
6. The latest status report which has been filed by the ld. APP shows that
the Nigerian High Commission has vide its letters dated 13 th October, 2020
and 17th November, 2020 stated as under:
"The High Commission of the Federal Republic of
Nigeria presents its compliments to the Ministry of
External Affairs, Government of India, and has the
honour to refer to the latter's Note. No.
VII/407/6/03 dated 7th October, 2020 and inform
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:28.11.2020
19:44:07
that the Passport No. A3800007 belonging to Mr.
Anayo Daniel Anyanwu forwarded to the High
Commission is insufficient to verify the Passport.
The esteemed Ministry is therefore advised to
forward the original Passport to the High
Commission for proper scrutiny and verification.
The High Commission of the Federal Republic of
Nigeria avails itself of this opportunity to renew to
the Ministry of External Affairs, Government of
India, the assurances of its highest consideration."
xxx
"I am directed to acknowledge receipt of your
letter with reference no. 754/INS/AATS dated 11 th
November, 2020 on the above subject, and refer its
letter no. ND/ADM/164/111 date 10th January,
2020 and also inform the subject reported, his
Passport no. A00333787 was lost, hence we issue
him a new Passport No. A11331896 as requested
by the Court reference letter attached herewith.
Please accept the assurances of the High
Commissioner's highest consideration"
7. A perusal of these two communications of the Nigerian High
Commission clearly shows that the High Commission has not verified the
passport bearing no. A3800007A and has sought for the original passport for
proper scrutiny and verification. However, insofar as the other passport which
had expired is concerned, they have issued a fresh passport bearing no.
A11331896. The facts in the present case involves not merely the seizure of
intermediate quantity of heroin but also travel to India on the basis of an
alleged fake passport which despite repeated efforts by the Court has not been
confirmed either way till date. The recent communication of the High
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:28.11.2020
19:44:07
Commission of Nigeria dated 17th November, 2020 merely confirms that the
passport bearing no. A00333787 was genuine but lost and not the other
passport. There is definitely a suspicion that the second passport was either a
forged or a fake passport and the matter would require trial.
8. The Petitioner does not have a permanent residence in Delhi, nor has
any surety been offered. Moreover, there is an imminent flight risk in this
case, as the Petitioner has travelled to India allegedly on a fake passport. In
view of these facts, the Court is not inclined to grant bail in this case. Under
these circumstances, the plea for bail is accordingly rejected.
9. However, considering that the investigation is concluded, the charge
sheet has been filed as also the fact that the Petitioner is a Nigerian national
and considering the quantum of heroin seized, the present is a case where trial
can be expedited. The Special Court dealing with NDPS cases is directed to
expedite the trial in this case and in any event, the trial shall be concluded and
the final judgment shall be passed on or before 30th June, 2021.
10. With these observations, the present petition, along with any pending
applications is disposed of.
11. Copy of this order be communicated to the District Judge, Dwarka
Courts, to bring to the notice of the appropriate Court ld. ASJ (SFTC), Dwarka
Courts.
PRATHIBA M. SINGH
JUDGE
NOVEMBER 26, 2020
dj/A
