Bail For Narcotics

Posted on by Rudrajyoti Nath Ray

Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022.

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Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be contended to be only one-time directions. See, Anil Kumar @ Nillu v. State, 2022 Cri LJ 1767 [21.03.2022] which has not been challenged by Narcotics Control Bureau. Parameters in Supreme Court Legal Aid Committee were followed in Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 603. Also, Baba Fakruddin Sheikh @ Fakru v. State of NCT of Delhi, [Special Leave to Appeal (Criminal) No. 13 of 2022] followed Supreme Court Legal Aid Committee in spirit.    

Ebera Nwanaforo [Bail Application No. 3705/2020] and Frank Vitus [Bail Application No. 4187/2020] have been incarcerated since 21.05.2014, when arrested in front of Hotel International Inn. They fall within Supreme Court Legal Aid Committee, Thana Singh and Baba Fakruddin Sheikh.

Frank and Ebera’s disclosure statements do not fall within ambit of admissibility in terms of Section 67 of The Narcotic Drugs and Psychotropic Substances, Act, 1985 in view of Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1.

Recovery in instant case was specifically from Eric Jayden. Ebera and Frank are allowed to be released.

Bail Bond, Surety – No Leaving Delhi/India – Switched-On Mobile – Location Information –  Due Appearances.

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Also see, Narcotics Control Bureau v. Mohit Aggarwal, [Criminal Appeal No. 1001-1002 of 2022] decided on 19.07.2022.

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We can say, bail conditions cannot be fanciful, arbitrary or freakish. If a constant vigil is kept on every movement of accused released on bail, by use of technology or otherwise, it will infringe rights guaranteed under Article 21 including right to privacy. In this case, condition of dropping a PIN on Google Maps cannot be a condition of bail. In some cases, this Court may have imposed a similar condition. But in those cases, Court was not called upon to decide legality of such a condition.

– Hon’ble Justice Abhay S. Oka, Frank Vitus v. Narcotics Control Bureau, [Special Leave Petition (Criminal) No. 6339­-6340 of 2023] decided on 08.07.2024.

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In addition to what we held on 08/07/2024, we issue following direction. While granting bail to a ‘foreigner’ within meaning of The Foreigners Act, 1946 Court shall issue direction to State or Prosecuting Agency to immediately communicate same to Concerned Registration Officer appointed under Rule 3 of The Registration of Foreigners Rules, 1992 who, in turn, shall communicate same to all Concerned Authorities including Civil Authorities under The Foreigners Order, 1948.

– Hon’ble Justice Abhay S. Oka, Frank Vitus v. Narcotics Control Bureau, [Criminal Appeal Nos. 2814­-2815 of 2025] decided on 06.01.2025.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.