EJIKE JONAS ORJI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973 [hereinafter, "CrPC "], the applicant seeks bail in connection with Sessions Case No. 9080/2016, registered by the Narcotics Control Bureau, Delhi Zonal Unit, Government of India [hereinafter, "NCB "], under Ss. 8(c), 20, 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter, "the Act "]. The applicant is facing trial in the aforesaid case before the Court of the learned Special Judge, NDPS Act, Patiala House Courts, New Delhi [hereinafter, "the Special Court "].

(2.) The prosecution case against the applicant may be summarized as follows:

(3.) As evident from the above, the applicant has been accused of conscious possession of at least 265 grams of heroin (which constitutes a commercial quantity), and 175 grams of charas (which constitutes an intermediate quantity). Although the prosecution also attributes to him the 200 grams of heroin recovered from the parcel (which constitutes an intermediate quantity), the accused disputes the said possession. In view of the fact that, at the minimum, the case against the applicant involves conscious possession of 265 grams of heroin, which is a commercial quantity of narcotics under the Act, there is no dispute that the rigors of Sec. 37 of the Act are attracted to the present case.