Bail For Narcotics | The Last Word


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.

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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