EBERA NWANAFORO Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The applicants, Ebera Nwanaforo (applicant of Bail Appln. No. 3705/2020) and Frank Vitus (applicant of Bail Appln. No. 4187/2020) seek the grant of bail in SC No. 9148/2016 submitting to the effect that they have been incarcerated since 21/5/2014 when they were arrested at the Main Road, Mahipalpur, Delhi by the NCB officials in front of Hotel International Inn and a case was registered under Ss. 8, 22, 23 and 29 of the NDPS Act, 1985 against them. The applicants submit that they have clean antecedents and have never been involved in any criminal case of any nature and are respectable persons.

(2.) It is further submitted by the applicants that on 21/5/2014, some samples were allegedly recovered from a black coloured bag with the marking "DELL" which was carried by the co-accused Eric Jayden and no such contraband material was recovered from the applicants at the time of their arrest and that they were arrested on the statement under Sec. 67 of the NDPS Act, 1985 of the co-accused Eric Jayden from whom the said black colour bag with the marking "DELL" was recovered from which the contraband material was recovered. The applicants further submit that there is no document that the prosecution has put forth on the record to show that the black coloured bag with the marking "DELL" which was carried by the co-accused Eric Jayden from which the 1.900 Kgs of contraband material was recovered belonged to the applicants and the applicants reiterate that they have no concern or connection with the material recovered. The applicants further submit that they have been incarcerated for more than 8 years now.

(3.) The applicants submit that as per the status report dtd. 9/1/2021 submitted by the NCB in Bail Appln. No. 3705/2020 till the said date, out of the cited 34 witnesses as per the complaint, 12 witnesses had been examined and whereas as per the submission of the status report dtd. 10/3/2021 in Bail Appln. No. 4187/2020, 13 witnesses had been examined. Both the applicants have submitted that none of the witnesses examined so far have testified in relation to any recovery of any contraband from their possession.