CHARLES EZIH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case bearing Crime No. 058/DZU/2018 under Ss. 8/21/22/27A/29 NDPS.

(2.) In brief the facts of the case are that on 22/2/2018, a secret information was received by IO Pradeep Singh that one lady, namely, Sonia Shamrao Naik Gaonkar was travelling in seat no. 41, Bogey (Coach) No. A-4 in Train No. 12954-August Kranti Rajdhani departing from Hazrat Nizamuddin Railway Station to Mumbai and she was carrying Narcotics drug in her travel bag. Based on secret information, Sonia Naik was intercepted by NCB Team at Hazrat Nizamuddin Railway Station on 22/2/2018 when she arrived near Bogey No. A-4 of August Kranti Rajdhani Express Train destined for Mumbai. The independent witnesses were joined and upon asking Sonia Naik, she showed her e-ticket, Aadhar Card and revealed her identity. During search of her maroon-coloured travel bag, it was found containing some clothes and one packet of grey coloured baby carrier which on further examination was found to contain two more packets of substance detected as Methamphetamine and the total weight of said contraband was found to be 600 grams.

(3.) Accused Sonia Naik tendered her voluntary statement under Sec. 67 NDPS Act, wherein, she revealed that she came in touch with one Nigerian person, namely, Cosmos and through him she met his friend Oba at Delhi and subsequently, she started residing with Oba at Uttam Nagar. She disclosed that on 19/2/2018, she came to Delhi and Oba took her to the house of present petitioner, namely, Charles Ezih @ Papa where she met another person, namely, Henry Moses. She disclosed that at the house of the petitioner, she was given the said bag of contraband and was asked to carry it to Mumbai by train. Upon disclosure by Sonia Naik of the address of Charles Ezih @ Papa at WZ-92-B, Sant Garh, Tilak Nagar, Delhi, the NCB Team reached the said premises, where Charles Ezih (petitioner herein) was found. During search of the premises in presence of independent witnesses, 180 grams Cocaine was recovered from the house search of Charles Ezih @ Papa. The same was seized vide Panchnama dtd. 23/2/2018.