AGBAHIA IKENNA Vs. STATE

JUDGEMENT

(1.) The petitioner has moved this application for grant of bail. It has been mentioned that the petitioner was arrested in case FIR No. 109/2015 under Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and Sec. 14 of the Foreigners Act, registered at PS Crime Branch, Delhi on 25/7/2015 and since then the petitioner is in jail.

(2.) Notice was issued. Status report has been filed. The facts mentioned above the manner in which applicant was apprehended have been reiterated in the pending paragraphs of the status report. It has been submitted that during investigation the present petitioner and co-accused did not cooperate and did not give information about their passport and Visa, so Sec. 14 of the Foreigners Act was applied.

(3.) During arguments the learned counsel for the petitioner reiterated the contents of the bail application as detailed above. The counsel for the petitioner has relied upon the judgment of the coordinate Bench of this Court titled as Ahmed Hassan Muhammed vs. the Customs 2021 (2) JCC 1187 in para 18, the following observations were made:-