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    2 views2 pages

    Display - PDF - 2024-10-10T121906.000

    Uploaded by

    Meghan Paul
    Court orders

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    of 2

    17 SC 408/2023

    STATE Vs. PETER NWALUE


    FIR No.6 /2023
    PS Mohan Garden
    17.09.2024
    This is an application under Section 483 BNSS moved on
    behalf of applicant for grant of bail.
    Present: Sh. Sarvender Berwal, Ld. Addl. PP for the State.
    Sh. Rajiv Kumar, ld. counsel for the applicant.
    IO/SI Sapna is present.

    Arguments on bail application heard.


    It is stated that applicant was arrested on 04.01.2023 and
    has already spent more than 580 days in judicial custody. It is further
    stated that alleged recovery of 1534 gram (in three polythenes
    weighing 295, 307 and 932 grams) was recovered from the accused. It
    is further stted that there has been violation of provisions of Section 50
    and 52A of NDPS Act and that search of the accused and seizure was
    not done as per law. It is further stated that investigation is complete,
    charge sheet has been filed and present case is at primary stage and
    trial will take a long time. It is further stated that applicant/accused is
    ready to abide by all the conditions which may be imposed upon him
    by the court and it is prayed that he may be released on bail. Ld.
    counsel for the accused/applicant has placed reliance on various
    judgments as mentioned in the application.
    In reply filed by the IO it is stated that accused/applicant
    was found in possession of 1534 gram heroin. It is further stated that
    during investigation FSL result of the exhibits was obtained and as per
    result procedure of the polythene bags containing 295 and 307 gram
    Digitally
    signed by
    BHAVNA
    BHAVNA KALIA
    KALIA Date:
    2024.09.17
    22:00:38
    +0530
    (total 602 gram) heroin was found positive. It is further submitted that
    sampling was done as per law before the Magistrate. It is further
    submitted that accused/applicant is a foreign national and there is
    strong possibility of his running away from process of law.
    Ld. Addl. PP has vehmentally opposed the bail
    application stating that commercial quantity of contraband was
    recovered from the accused and there is strong possibility of his
    running away.
    Submissions considered and previous bail orders perused.
    Judgment filed by the counsel for the applicant also perused.
    Even though the accused had been in custody since
    04.01.2023, however rigor of Section 37 NDPS Act is still applicable
    on the accused. Further the matter is listed for recording of
    prosecution evidence. The judgment filed by Ld. counsel for the
    applicant is not applicable to the facts of the present case. Further
    whether provisions of Section 50 NDPS Act were followed or not is a
    matter of trial as stated in the judgment of the Apex Court in State of
    Punjab v. Baldev Singh 1999 (6) SCC 172.
    Hence, I am not inclined to grant bail to applicant, at this stage.
    Accordingly, the present application stands dismissed.
    Nothing stated herein which shall tantamount to expression of
    opinion on merits of case. Digitally signed
    by BHAVNA
    BHAVNA KALIA

    Copy of this order be given dasti to applicant. KALIA Date:


    2024.09.17
    22:00:45 +0530

    (Bhavna Kalia)
    Spl. Judge (NDPS)-01/Dwarka Courts/SW
    New Delhi/17.09.2024

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