Delhi High Court - Orders
Okechukwu Morgan vs The State (Nct Of Delhi) on 18 July, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3417/2023
OKECHUKWU MORGAN .....Petitioner
Through: Mr. J.S. Kushwaha with Ms. Tanya
Kushwaha, Advocates.
versus
THE STATE (NCT OF DELHI) .....Respondent
Through: Mr. Manoj Pant, APP for the State
with Mr. Chittaranjan Hati, Mr.
Dhruv Goyal, Ms. Ananya Kar
Sanghi and Mr. Mahanand Joshi,
Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 18.07.2024 By way of the present the present petition filed under section 439 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner seeks regular bail in case FIR No. 1108/2022 dated 20.09.2022 registered under sections 22/25/8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') at P.S.: Nihal Vihar, Delhi. Consequent upon completion of investigation, vide chargesheet dated 24.02.2023, offence under section 14 of the Foreigners Act, 1946 ('Foreigners Act') has also been added.
2. Notice on the petition was issued on 10.10.2023; consequent upon which status report dated 01.03.2024 has been filed on behalf of the State.
This is a digitally signed order. BAIL APPLN. 3417/2023 Page 1 of 5The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:07:51
3. Nominal roll dated 05.12.2023 has been received from the Jail Superintendent, which shows that the petitioner has suffered custody of about 01 year and 02 months as of 05.12.2023; and that his jail conduct has been 'satisfactory' and he is not implicated in any other criminal case.
4. Furthermore, pursuant to last order dated 20.05.2024, Mr. Manoj Pant, learned APP appearing for the State has handed-up a copy of status report dated 15.07.2024, enclosing therewith a copy of FSL report dated 10.07.2024.
5. Status report dated 15.07.2024, alongwith FSL report dated 10.07.2024 appended therewith, are taken on record.
6. Based on the FSL report, the status report records that the material stated to have been seized from the petitioner's premises vide Exhibits A-1, B-1, C-1 and D-1 does not contain any methamphetamine nor its derivatives as mentioned in the Schedule to the NDPS Act.
7. The relevant portion of status report dated 15.07.2024 reads as follows :
"(i) Exhibit 'A-1' was found to contain Sodium Carbonate and Benzeneethanamine.
(ii) Exhibit 'B-1' was found to contain Deimethylsulfone.
(iii) Exhibit 'C-1' and 'D-1' were found to contain Deimethylsulfone and Sodium Carbonate.
It was asked in the forwarding letter to check whether there is any methamphetamine present in exhibits or not. The result shows that there is neither methamphetamine nor its derivatives as mentioned in the schedule drugs of NDPS Act are present in the exhibits A-1, B-1, C-1 & D-1 which were sent to FSL for examination.
Further it is submitted that, the remaining exhibits A-2, B-2, C-2 & D-2 will be sent to FSL Chandigarh for second opinion."
(emphasis supplied) This is a digitally signed order. BAIL APPLN. 3417/2023 Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:07:51
8. Learned APP submits that in view of the FSL report, Exhibits A-2, B-
2, C-2 and D-2, which contain the second samples taken from same materials, will be sent to FSL, Chandigarh to get a second opinion.
9. In the circumstances, Mr. J.S. Kushwaha, learned counsel appearing for the petitioner argues, that as per the FSL report the material alleged to have been seized from the petitioner's premises, are not listed in the Schedule to the NDPS Act, and are therefore neither narcotic drugs nor psychotropic substances nor any controlled substances.
10. Insofar as the allegation in the FIR under section 14 of the Foreigners Act is concerned, Mr. Kushwaha argues, that the allegation against the petitioner is that he has overstayed the period of his visa. Counsel submits, that the petitioner continues to hold a valid passport issued by the Federal Republic of Nigeria; and though he may have to face prosecution for exceeding the period of his visa, there is no mandate that he must be kept in a detention centre for that purpose. To support this submission, Mr. Kushwaha draws attention to order dated 09.01.2023 passed in BAIL APPLN. No. 2214/2022 and order dated 13.02.203 passed in BAIL APPLN. No. 1231/2022, to submit that in the said two cases a Co-ordinate Bench has opined that there is no requirement that a person is to be confined to an observation home (or detention centre) for violation of section 14 of the Foreigners Act; and the Co-ordinate Bench has thereby deleted a condition in the bail orders that had directed that upon being released from prison, the accused in those cases were to be detained in an observation home; and has instead replaced it with a reporting requirement.
This is a digitally signed order. BAIL APPLN. 3417/2023 Page 3 of 5The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:07:51
11. Learned APP does not contest the submissions made by Mr. Kushwaha for the limited purpose of the present bail petition.
12. In the circumstances, this court is persuaded to allow the present bail petition, thereby admitting the petitioner Okechukwu Morgan s/o Nwanere to regular bail pending trial, subject to the following conditions :
12.1.The petitioner shall furnish a personal bond in the sum of Rs.
50,000/- (Rs. Fifty Thousand Only) with 01 local surety in the like amount, to the satisfaction of the learned Trial Court; 12.2.The petitioner shall furnish to the Investigating Officer a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched- on at all times;
12.3.The petitioner shall surrender his passport to the learned Trial Court and shall not travel out of the country without prior permission of the learned Trial Court;
12.4.The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.
12.5.In case of any change in his residential address/contact details, the petitioner shall promptly inform the Investigating Officer.
13. Since the petitioner is expected to remain present at every hearing before the learned Trial Court, unless otherwise exempted by that This is a digitally signed order. BAIL APPLN. 3417/2023 Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:07:52 court, no reporting requirement is being placed upon the petitioner as a condition of bail.
14. Petition stands disposed-of.
15. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J JULY 18, 2024 ds This is a digitally signed order. BAIL APPLN. 3417/2023 Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2024 at 00:07:52