Ebera Nwanaforo vs Ncb on 31 May, 2022
contraband of 1.900 Kgs of Methamphetamine from a black coloured
Dell bag in his possession, the applicants who fall within the ambit of
directions (iii) in paragraph 15 of the Hon‟ble Supreme Court in
Supreme Court Legal Aid Committee Representing Undertrial
Prisoners (supra) and taking into account the verdict of the Co-
ordinate Bench of this Court in Atul Aggarwal (supra), Anil Kumar @
Nillu (supra) and the Hon‟ble High Court of Calcutta in In Re;
Sanawar Ali (supra) all in totality bring forth that in view of the
verdict of the Hon‟ble Supreme Court applies in Supreme Court
Legal Aid Committee Representing Undertrial Prisoners (supra) with
the principles laid down therein having been reiterated in Thana
Singh (supra) by the Hon‟ble Supreme Court, and taking into the
directions in paragraph 15(iii) thereof in relation to the aspect of
directions for release of undertrial prisoners falling in the category of
undertrial prisoners who are charged with the offences punishable
under the NDPS Act, 1985 with a minimum imprisonment of 10 years
and a minimum fine of Rupees one lakh,- are entitled to be released on
bail where they have been in jail for atleast 5 years, subject to terms
and conditions as laid down by the Hon‟ble Supreme Court, and thus
it is directed that the applicants herein i.e. Frank Vitus, the applicant
of Bail Appl. No.4187/2020 and Ebera Nwanaforo, the applicant of
Bail Appln. No.3705/2020 are allowed to be released on bail on their
filing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) each
with two sureties of the like amount each to the satisfaction of the
learned Special Judge, NDPS, Delhi concerned, where the trial is in
progress with directions to the effect that:-