Delhi High Court Denies Bail to Nigerian Nationals in Major Drug Trafficking Case

Court cites serious allegations, potential flight risk, and non-compliance with NDPS Act conditions as reasons for refusal

In a significant ruling, the Delhi High Court has denied bail to Nigerian nationals Stanley Chimeizi Alasonye and Henry Okolie, who were charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession and potential manufacturing of a commercial quantity of contraband. The decision, delivered by Justice Ravinder Dudeja, emphasized the mandatory conditions outlined in Section 37 of the NDPS Act, which the petitioners failed to satisfy.

The case stemmed from an incident on October 1, 2021, when a raid led to the arrest of Okolie and co-accused Uchechukwu Peter Igbonaju, with 500 grams of heroin recovered from each. Subsequent investigations revealed further involvement in drug manufacturing, with a substantial amount of chemical powder seized, allegedly used for drug production. Alasonye was later apprehended with 300 grams of heroin in his possession.

The defense argued that the prolonged incarceration of nearly four years, along with procedural lapses such as the non-supply of arrest grounds, warranted bail. They also highlighted delays in the trial process and the lack of independent witnesses at the time of recovery.

However, the court dismissed these arguments, stating that procedural lapses did not automatically entitle the accused to bail unless demonstrable prejudice was caused. Justice Dudeja noted that the absence of independent witnesses or videography at the time of recovery did not undermine the validity of the police's actions.

The ruling highlighted the severity of the charges, particularly given the "commercial quantity" of drugs involved, which activated the stringent bail conditions under Section 37 of the NDPS Act. The court expressed concern over the potential flight risk posed by the petitioners, who lacked verified immigration records and were found to have forged passports and fabricated accommodation details.

The court also took into account the implications for public confidence in the justice system, emphasizing that granting bail in such cases could compromise both the trial process and societal trust in legal proceedings.

Ultimately, the petitions for bail were dismissed, underscoring the court's commitment to upholding stringent legal standards in drug-related offenses and addressing the challenges posed by illegal immigration and drug trafficking.

Bottom Line:

Bail application under NDPS Act - Petitioners charged with commercial quantity of contraband - Rigors of Section 37 NDPS Act are mandatory and twin conditions of reasonable belief of innocence and assurance of not committing an offence while on bail not satisfied - Petitioners denied bail considering the seriousness of allegations, severity of punishment, risk of flight, and lack of exceptional circumstances.

Statutory provision(s): NDPS Act Sections 21, 25, 29, 37; IPC Sections 420, 467, 468, 471; Constitution of India Articles 21, 22; Foreigner's Act Section 14

Stanley Chimeizi Alasonye @Uka Chukwu v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2799485