KENECHUKWU JOSEPH Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of regular bail in FIR bearing No.20/2020 dtd. 16/1/2020 at PS Paschim Vihar, (West), Delhi registered under Sec. 21 c of NDPS Act and 14 of Foreigners Act.

(2.) Facts in brief, as stated in the status report are that on 16/1/2020, a secret information regarding carrying of narcotics substance was received in the office of special staff. Upon receiving the information, a team was constituted and at about 07:00 PM a trap was laid down near the service road, DDA ground, Hotel Radisson Blu, Paschim Vihar Delhi. One person was sighted coming from Sunder Vihar side and on the instance of the informer, he was apprehended. Allegedly he was identified as Kenechukwu Joseph s/o Okeke IGA, being a permanent resident of Anambra State, Nigeria, staying at H No. 237, Third Floor, Vipin Garden, Dwarka Mor, Delhi. On searching him one poly bag containing narcotics substance/contraband was recovered from his possession. On checking the narcotics substance by testing Kit, it was found cocaine and the total weight found was 140 grams. Thereafter, two samples of 5 gram each were extracted and both the samples and remnants of 130 grams of cocaine was seized in the case. Subsequently, the present case was registered and investigation of the case was taken up.

(3.) Further during the course of the investigation, the site plan was prepared. The present accused Kenechukwu Joseph was found permanent resident of Nigeria and no valid documents regarding his stay in India were produced by the accused Kenechukwu Joseph. Thereafter accused Kenechukwu Joseph was arrested in the present case. On 17/1/2020 an application u/s 52 A NDPS Act was moved before the Hon'ble Court of Ms. Neetu Nagar, Ld. MM, Tis Hazari Courts, Delhi wherein two samples of 5 grams each was extracted from the recovered remnants of 130 grams. On checking the weight of both the samples with lid, it was found as 11.3 grams (6.3+5 gm) and 15.6 gm respectively. The remaining 118.6 gram was also seized and deposited in the malkhana of PS- Paschim Vihar West, Delhi.