Favouv Oke v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Favouv Oke S/o Oke, R/o 111, Green Garden Layout, 1st Floor, Bidarahalli Village, Bangalore, Permanent Address Binny Edo State, Sobe, Nigeria.

Petitioner(s) Vs Union Of India Rep By Jr Intelligence Officer, Narcotic Control Bureau, Chennai 77 In Rr No 24/2023.

Respondent(s) PRAYER:

This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.304/2024 on the file of the respondent police.

For Petitioner(s):

D.P.Vishal D P Vicky For Respondent(s):

Mr.N.P.Kumar Special Public Prosecutor For Ncb Cases

ORDER

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This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.09.2023, seeking bail in Crime No. 304/2024 registered for the offence under Sections 8(c) r/w 21(c), 22(c), 28 and 29(1) of the NDPS Act.

2. The case of the prosecution is that the petitioner along with the other accused were in possession of 102 pills of MDMA weighted 138 gms, 407 gms of Amphetamine drug. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent, he has been falsely implicated in this case and she is in judicial custody for more than 1 year and 3months and that she is a lady and hence, prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the contraband seized is of commercial quantity and she is a resident of Nigeria and if she is let out in bail, investigation would be difficult.

5.Considering the submissions made by both sides, that the contraband seized is of commercial quantity and the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner. That apart, the petitioner is a foreign nation and if she is left out in bail, it is very difficult to secure her henceforth for proceeding with the trial. Further, it is reported that Page No.2 of 4

investigation is completed and the same is taken on file as C.C.No.203 of 2024 on the file of the II Additional Special Court for Exclusive Trial of NDPS Act, Chennai. Therefore, the trial Court is directed to complete the trial as expeditiously as possible.

6.Accordingly, this Criminal Original Petition is dismissed. 14-02-2025 vca To

1. Union Of India Rep By Jr Intelligence Officer, Narcotic Control Bureau, Chennai 77 In Rr No 24/2023.

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G.K. ILANTHIRAIYAN,J.

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