Delhi High Court Grants Bail to Nigerian National in NDPS Case, Citing Prolonged Custody and Lack of Independent Evidence.


01 April 2025 Bail and Antcipatory Bail >> Criminal Law  

The Delhi High Court has granted regular bail to a Nigerian national, Deepak Kumar, who was arrested in April 2022 in connection with an FIR under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The decision, delivered on May 28, 2025, by a single judge, considered the petitioner's prolonged custody, the slow pace of the trial, and the absence of independent witnesses or videographic evidence at the time of the alleged recovery.

Deepak Kumar Singh was apprehended on April 6, 2022, after police received a secret tip-off about a Nigerian national supplying drugs in Delhi/NCR. A raiding team detained him near Buddha Temple, Mehrauli, and allegedly recovered 272 grams of heroin from his jacket. He has been in custody since his arrest, for a period of almost three years.

 
 

Nitin Saluja, the petitioner's counsel, argued that his client had no prior criminal record, thus the strict conditions of Section 37 of the NDPS Act should not apply. He further highlighted that out of 17 prosecution witnesses, only 5 have been examined, indicating a lengthy trial ahead. A key contention raised was the absence of independent public witnesses and any photography or videography during the seizure proceedings, a point supported by a previous ruling of a coordinate bench in Bantu vs. State Govt of NCT of Delhi.

The Public Prosecutor, while acknowledging the efforts made to join independent witnesses, conceded that no justification was provided for the absence of videography and photography during the recovery.

The Court, referencing its decision in Bantu (supra), noted that while the sufficiency of explanation for the lack of videography and photography is to be tested during trial, its absence, particularly without independent witnesses, "casts a doubt over the very fulcrum of the case" and is a "relevant factor" for bail applications.

Citing Supreme Court judgments in Rabi Prakash v. State of Odisha and Naeem Ahmed Alias Naim Ahmad vs. Govt. of NCT of Delhi, the High Court emphasized that prolonged incarceration can override the statutory embargo under Section 37(1)(b)(ii) of the NDPS Act, especially when the accused has no criminal antecedents and the trial is likely to be protracted.

Given the petitioner's nearly three years in custody, his clean record, and the slow progress of the trial, the High Court concluded that the case warranted relaxing the statutory embargo under Section 37(1)(b)(ii) of the NDPS Act.

Accordingly, the petitioner was granted regular bail subject to furnishing a personal bond of Rs. 50,000 with one surety of the like amount and adherence to several conditions, including not leaving NCR without court permission, providing contact details, and not tampering with evidence or contacting witnesses. The Investigating Officer was also directed to inform the Foreigners Regional Registration Office (FRRO) about the order due to the petitioner being a foreign national.


Section 21, Narcotic Drugs and Psychotropic Substances Act - 1985  

Section 25, Narcotic Drugs and Psychotropic Substances Act - 1985  

Section 37, Narcotic Drugs and Psychotropic Substances Act - 1985  

Narcotic Drugs and Psychotropic Substances Act, 1985