The Delhi High Court has declined to grant bail to a foreign national who stands accused of participating in the illegal trafficking of a substantial amount of contraband drugs.
The court reasoned that the accused’s presence at the location indicates his involvement in the case.
The court took note that the co-accused individuals were found in possession of 8 kg of heroin and 1,070 grams of cocaine, which qualifies as a commercial quantity. The petitioner had been in contact with the co-accused and had arrived to receive the baggage containing the contraband from them.
A single bench of Justice Rajnish Bhatnagar stated, “There are no reasonable grounds to believe that the petitioner is not guilty of the offense.” The high court concluded that the petitioner, Kingsley Nwanne, does not meet the criteria for bail under the Narcotics Drugs and Psychotropic Substances (NDPS) Act and dismissed his plea.
According to the prosecution’s case, the Narcotics Control Bureau (NCB) received information that two women from Uganda were expected to arrive at the IGI Airport on January 27, 2021, carrying a significant quantity of contraband drugs. The women were intercepted at the airport, and the heroin and cocaine were discovered in their baggage.
During the subsequent investigation, the two women disclosed that the package was intended for delivery to an individual in Vikas Puri. Nwanne was apprehended by the probe agency at the specified location. The court observed that the petitioner had arrived at Pastry Place in Vikas Puri after receiving a call from the co-accused, Sharifah Namaganda, and was subsequently arrested.
The bench noted that, based on the allegations, the petitioner had planned to receive the contraband at the location where he was arrested, providing prima facie evidence of his involvement in the case.
The petitioner’s counsel argued that no contraband had been found on his client and that the sole allegation against him was conspiracy, as he was supposed to receive a shipment of narcotics from the two co-accused women from Uganda.
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