OKPALA JAMES Vs. STATE

JUDGEMENT

(1.) By way of present application under Sec. 439 of Code of Criminal Procedure ("Cr.P.C."), the applicant seeks regular bail in case FIR bearing no. 118/2016, registered at Police Station Crime Branch under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").

(2.) The case of prosecution, in brief, is that a secret information was received on 10/7/2016, whereby ASI Sudhir Kumar, Narcotics Cell, Crime Branch was informed that one Nigerian national namely James was involved in the supply of cocaine in Delhi and that on the said date, he would be coming in front of Civic Centre near Ramleela ground, Delhi between 12:00 PM to 12:30 PM to deliver a consignment of Heroin to someone. This information was shared with concerned Inspector, Narcotics Cell who further verified the facts from informer and informed the same to ACP, Narcotics Cell, and the said information was also reduced to writing vide DD No. 05 dtd. 10/7/2016. Thereafter, a trap was laid at Jawahar Lal Nehru Marg bus stand, near Ramleela ground, Delhi and the applicant was apprehended at the instance of secret informer. After apprehension, the petitioner was informed about his legal rights and notice under Sec. 50 NDPS Act was served upon him. Upon conducting the formal search, one maroon colour carry bag was recovered from the right hand of petitioner, and on checking the same, one transparent polythene containing white colour powder was recovered. Upon further checking, the same was found to be contraband "cocaine" weighing around 310 grams. Further as per prosecution, the recovered contraband was seized after taking out samples and the case property was sent to Police Station Crime Branch and further formalities under Sec. 55 NDPS Act were completed. The seized sample was sent to Forensic Science Laboratory, and after completion of investigation, chargesheet under Sec. 21 NDPS Act and Sec. 14 Foreigner Act was filed in the concerned Court against the petitioner.

(3.) Learned counsel for accused/applicant submits that applicant was arrested on 10/7/2016 and has been in judicial custody for almost 6 years and 7 months. It is stated that applicant has been charged with offence punishable under Sec. 21 NDPS Act, minimum punishment for which is imprisonment for 10 years and fine of Rs.1.00 lakh. It is argued that in view of the decision of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 and Supreme Court Legal Aid Committee (Representing undertrial prisoners) v. Union of India (1994) 6 SCC 731, the applicant is entitled to bail on the ground that he has remained in jail as undertrial for more than half of minimum punishment applicable in present case. Reliance has also been placed on several judgments of Co-ordinate benches of this Court. Learned counsel further states that present applicant is a foreigner and has been falsely implicated in the instant case.