NEW DELHI: The Delhi High Court has dismissed the bail application of a foreign national accused of possessing over 500 grams of heroin, holding that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were attracted in the case.
The accused, Chibuzor, was arrested in connection with FIR No. 578/2022 registered at Vikaspuri police station under Section 21 of the NDPS Act and Section 14 of the Foreigners Act.
A single-judge Bench of Justice Girish Kathpalia noted that the quantity of heroin allegedly recovered from the accused was more than double the commercial quantity, thereby attracting the stringent conditions for the grant of bail under Section 37 of the NDPS Act.
According to the prosecution, acting on secret information, the police laid a trap and apprehended the accused, recovering the contraband from a bag carried by him after completing procedural formalities.
In support of the bail plea, counsel for the accused raised multiple contentions, including that the grounds of arrest were not verbally communicated to the accused, there were contradictions in the testimonies of prosecution witnesses, and the chain of custody of the seized contraband was doubtful.