SOLOMON OGBE Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The present application has been filed by the applicant seeking regular bail in Crime No.VIII/63/DZU/2020 registered under Ss. 8/21/23/29 NDPS Act at P.S. Narcotics Control Bureau, Delhi.

(2.) As per the status report submitted by the NCB/respondent, on 13/11/2020, under a controlled delivery operation directed by the DG, NCB, a parcel bearing AWB No. 4645737751 was collected by IO Kapil from the captain of Gulf Airways and deposited in the NCB office. On 22/12/2020, acting on reliable information, a team led by the IO reached the address L-85, Street No. 7, New Mahavir Nagar, where one Naresh Chopra accepted the parcel and disclosed that it was intended for the applicant Solomon, a foreign national residing nearby. Naresh, who claimed to know Solomon for 5-6 years, then delivered the parcel to Solomon at his residence in Gali No. 16, which was subsequently raided by the NCB team. The parcel was found intact and contained 12 white boxes marked "city lights" concealing a powdery substance which tested positive for heroin.

(3.) As the contents of all 12 boxes appeared similar, they were mixed into a single polythene bag, weighed (364 grams), and marked as Exhibit A. Further search of the applicant's residence led to the recovery of 242 grams and 32 grams of heroin from different polythene bags, along with other items like ziplock pouches, a laptop, and mobile phones. The applicant was arrested on 23/12/2020 under Ss. 21 and 23 of the NDPS Act, produced before the Duty Magistrate on 24/12/2020, and sent to judicial custody on 26/12/2020. After investigation, a complaint was filed on 19/6/2021, and charges under Ss. 21(c) and 23(c) NDPS Act were framed on 22/11/2021 by the learned Special Judge, NDPS, Patiala House Courts, New Delhi.