Delhi High Court Denies Bail to Accused in International Drug Trafficking Case
Court cites substantial evidence and risk of absconding in rejecting bail applications of foreign national and co-accused under NDPS Act.
In a significant ruling, the Delhi High Court denied bail to Ekoh Collins Chidubem and Pradeep Kumar Jha, accused in a high-profile international drug trafficking case involving a substantial recovery of heroin. Justice Ajay Digpaul, presiding over the case, emphasized the stringent conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which were not satisfied in the present scenario. The accused have been implicated in a conspiracy involving the transportation and intended distribution of 750 grams of heroin from South Africa to India.
The case unfolded on May 20, 2022, when the Narcotics Control Bureau (NCB) intercepted a suspicious parcel at DHL Express Pvt. Ltd., New Delhi. Upon inspection, the parcel was found to contain heroin, triggering a detailed investigation. The subsequent inquiry led to the apprehension of Pradeep Kumar Jha in Haryana and Ekoh Collins Chidubem in Delhi. Both individuals allegedly played roles in the trafficking network, with digital and financial evidence purportedly linking them to the operation.
The petitioners have been in custody since May 22, 2022, and their counsel argued for bail, citing procedural delays in sampling the contraband and discrepancies in its description. However, the court, referencing the Supreme Court's precedents, clarified that such delays amounted to procedural irregularities, not illegality. Moreover, the court dismissed claims regarding discrepancies in the contraband's color as non-determinative for bail consideration.
Justice Digpaul underscored the ongoing risk posed by the accused, particularly the foreign national Ekoh Collins Chidubem, due to the lack of valid documentation, raising concerns about potential absconding. The court highlighted the seriousness of the offense, given the commercial quantity of heroin involved and the organized nature of the trafficking operation.
The court found sufficient prima facie evidence against the accused, including voluntary statements, call detail records (CDRs), and financial transactions, all contributing to the denial of bail. Furthermore, the court noted that the prolonged detention of the petitioners, while relevant, could not override the statutory bar under Section 37 of the NDPS Act, which demands stringent scrutiny before granting bail in cases involving commercial quantities of narcotics.
In conclusion, the Delhi High Court's judgment reinforces the rigorous legal framework governing narcotics cases in India, reflecting the judiciary's commitment to curbing drug trafficking and ensuring justice. The denial of bail serves as a reminder of the legal and procedural hurdles faced by accused individuals in narcotics cases, emphasizing the balance between individual liberties and public safety.
Bottom Line:
Bail under NDPS Act - Commercial quantity recovery and prima facie evidence linking the accused to drug trafficking syndicate - Rigours of Section 37 NDPS Act invoked, statutory conditions for bail not satisfied.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 21, 23, 29, 37, 52A, 67; Code of Criminal Procedure, 1973 Section 439.
Ekoh Collins Chidubem v. Narcotics Control Bureau, (Delhi) : Law Finder Doc Id # 2785739
