‘Beyond getting high’: Delhi High Court denies bail to foreign national in heroin case, flags terror links in drug trade

Justice Girish Kathpalia found that there is no passport or visa, or any other identity document of the accused person.

‘No identity document’

• The Delhi High Court noted that the present case is of two foreigners from whom a commercial quantity of contraband was recovered.
• It was found that there is no passport or visa, or any other identity document of the accused persons, with the help of which they could be tracked down to ensure that they face trial.
• The high court examined the twin conditions under the NDPS Act. The conditions say that the prosecution must be allowed to oppose the bail application. It also states that the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of the alleged offence.
• The other condition is that the court must be satisfied that the accused is not likely to commit any such offence while on bail.
• The Delhi High Court then said that the accused cannot even be granted bail after considering the twin conditions.

‘Scooty, parcels, arrest’

• The allegation against the accused is that, based on secret information, a raid was conducted by the police in which he and his co-accused Emmanuel, both being Nigerian nationals, were apprehended on a two-wheeler scooter being driven by the accused.
• After completion of procedural formalities, two parcels of heroin, one weighing 600 grams and the other weighing 45 grams, were recovered from the accused.
• From the co-accused, one parcel containing 360 grams of heroin was recovered.
• Later, the accused was arrested and has been in custody for around three months.

‘Scooty not traced, bag not produced’

• Appearing for the petitioner, advocate Anup Kr Das argued that according to the prosecution’s case, the parcels of contraband were kept in a black bag, and the said black bag was also seized by the investigation officer.
• However, it was emphasised that the said black bag was not produced before the magistrate concerned at the time of drawing samples.
• It was argued that the accused was arrested at 8:30 pm on May 21, 2022, but the complaint was received at the police station at 6:30 am on May 22, 2022.
• It was also contended that the owner of the two-wheeler scooter allegedly being driven by the accused was not traced out.
• The grounds of arrest were not furnished to the accused, the counsel pointed out.

‘No passport, visa, may flee’

• Assistant public prosecutor Amit Ahlawat submitted that all arguments advanced on behalf of the accused are completely contrary to the record.
• It is pointed out that the black bag was definitely produced before the magistrate, as would be reflected from photographs taken in the court.

• Ahlawat also produced a copy of the application and order of first remand, which bears the signatures of the accused reflecting receipt of a copy of that application, which enlists the grounds.
• It was submitted that the owner was also traced out and was examined by the investigation officer.
• It was submitted that the accused was apprehended and not arrested at 8:30 pm on May 2, 2022, and the signed complaint forming the basis of FIR was received at the police station at 4 am on May 22, 2022.
• He further added that the accused was arrested at 8:30 am on May 22, 2022.
• It was also mentioned that despite extensive efforts, neither the passport nor the visa of the accused could be obtained, as even the concerned embassy and authority have no information about him, so it is submitted that if released on bail, he would flee.