Delhi High Court on Bail under the NDPS Act and Foreigner’s Act.

The Delhi High Court dismissed the bail applications of two Nigerian nationals charged under Sections 21, 25, and 29 of the NDPS Act and Section 14 of the Foreigner’s Act. The Court held that the recovery of commercial quantity of heroin and the absence of verifiable identity and immigration records disqualified the petitioners from bail under Section 37 of the NDPS Act. Procedural lapses in furnishing grounds of arrest were found non-fatal in the absence of demonstrated prejudice.

1. FIR No. 564/2021 was registered under Sections 21/25 of the NDPS Act at PS Mohan Garden based on a secret tip that two Nigerian nationals were selling heroin.
2. 500 grams of heroin each was recovered from Henry Okolie and co-accused Uchechukwu Peter Igbonaju.
3. Subsequently, 300 grams of heroin was recovered from Stanley Chimeizi Alasonye at the instance of co-accused.
4. Further search led to recovery of 4 kg of chemical powder and drug manufacturing paraphernalia.
5. FSL report confirmed the presence of diacetylmorphine.
6. Passports of both petitioners were found forged, leading to addition of Sections 420, 467, 468, and 471 IPC, and Section 14 of the Foreigner’s Act.

1. Petitioners have been in custody for nearly four years as under-trials; investigation is complete and trial is delayed.
2. Only 2 of 13 witnesses have been examined, violating Article 21 (right to speedy trial).
3. Grounds of arrest were not supplied in writing, violating Article 22(1) and Section 52 NDPS Act.
4. Recovery without independent witnesses or videography casts doubt on the prosecution case.
5. Petitioners have clean antecedents and no prior criminal record.

1. Petitioners were found involved in manufacture and sale of drugs.
2. Both are illegal migrants without valid entry or exit records, passports, or addresses in India.
3. Accommodation and visa details were fabricated.
4. Petitioners are flight risks and likely to abscond if released on bail.

1. Absence of independent witnesses or videography does not by itself render recovery invalid; credibility to be tested during trial.
2. Reliance placed on Surinder Kumar v. State of Punjab (2020) 2 SCC 563 and Kallu Khan v. State of Rajasthan (2021) 19 SCC 197 – presumption in favour of police in discharge of official duties.
3. Non-supply of written grounds of arrest is not fatal unless prejudice is shown (State of Karnataka v. Sri Darshan, 2025 INSC 979).
4. Recovery of commercial quantity attracts the bar under Section 37 NDPS Act – twin conditions (prima facie innocence and non-likelihood of reoffending) not satisfied.
5. FRRO report confirms illegal entry, fake passports, and flight risk — bail cannot be granted.

1. Petitioners failed to satisfy the twin conditions under Section 37 NDPS Act.
2. Procedural lapse in grounds of arrest not sufficient for bail.
3. Seriousness of allegations, risk of absconding, and illegal stay in India justify continued custody.
4. Bail applications dismissed.

1. Sections 21, 25, 29, NDPS Act, 1985 – Possession, sale, and abetment of narcotic offences.
2. Section 37, NDPS Act, 1985 – Conditions for granting bail in commercial quantity cases.
3. Sections 420, 467, 468, 471, IPC – Cheating and forgery.
4. Section 14, Foreigner’s Act, 1946 – Illegal entry and stay in India.
5. Article 21 & 22(1), Constitution of India – Right to personal liberty and grounds of arrest.

Stanley Chimeizi Alasonye @ Uka Chukwu v. State Govt. of NCT of Delhi (Bail Appln. 3830/2024)

Henry Okolie v. State of NCT of Delhi & Anr. (Bail Appln. 3037/2025)

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Ravinder Dudeja