DAVID COLLIN Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail and setting aside of Order dtd. 31/10/2022 in SC No. 8522/2016 under Ss. 8/21/22/23/29 NDPS Act registered with NCB.

(2.) In brief the facts of the case are that as per Complaint, two parcels containing narcotic drugs were searched at DHL Office, 71/3, Rama Road, Kirti Nagar, New Delhi and were seized vide panchnama dtd. 24/7/2015 in the presence of independent witnesses. The seized parcels containing contraband were found to be booked by co-accused Sita @Christina Rozaria in conspiracy with the present petitioner, namely, David Collin @ Madhubuchi Okoro who is the husband of co-accused Sita@Christina Rozaria. The recovery of contraband from the two seized parcels is of 245gms of Heroin from first parcel booked under Airway bill no. 7185476351 and 200 gms and 225 gms of Heroin from second parcel booked under Airway bill no. 7185476362. In furtherance of investigations, upon search of House at Gali No. 11, KH No. 123/5, B-Block, near 25 foota road, Upper Ground Floor, Sant Nagar, Burari, Delhi which is the residential premises of the petitioner David Collins and co-accused, it led to further recovery of 12 gms of Cocaine and 20 gms of Methamphetamine which was seized vide panchnama dtd. 26/7/2015. Both the said accused persons were indulged in illegal possession and trafficking of narcotic drugs in commercial quantity. Accordingly, consequent to the recoveries, both the accused persons were arrested on 26/7/2015 and SC No. 8522/2016 under Ss. 8/21/22/23/29 NDPS Act was got registered with NCB.

(3.) I have heard the Ld. Counsel for the petitioner, Ld. Sr. Standing Counsel for NCB and perused the Status Report filed by the NCB.