$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2308/2025 NNAMDI PETER OGUEGBULEM .....Applicant Through: Mr. Aditya Aggarwal and Ms. Shivani Sharma, Advs. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Advocate SI Prem Narayan and ASI Lokender Kr., ANC/ Dwarka CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 08.07.2026 1. By virtue of the present application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 36A(3) of the Narcotics Drugs and Psychotropic Substance Act, 1985 (NDPS Act), the applicant seeks grant of regular bail in FIR No.158/2023 dated 08.04.2023 registered at PS.: Uttam Nagar, Delhi, under Sections 21(c) of the NDPS Act and Section 14(a)(b)/ 14A(b) of the Foreigners Act, 1946. 2. Succinctly put, as per FIR on 08.04.2023, when a team of Anti- Narcotics Cell were verifying the illegal foreigners residing in Dwarka District, they apprehended the present applicant, from whom one knotted white polythene consisting of cream colour powder like substance weighing 300 grams was recovered, which was later confirmed to be Heroin. Thereafter, the applicant was arrested on 08.04.2023 and since then he is under judicial custody. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:17:16 3. Learned counsel for applicant has handed over the written synopsis. Relying thereon, he primarily contends that [i] the investigating officer has failed to conduct any videography/ photography of the search, seizure and recovery proceedings; [ii] alleged recovery was affected without associating any independent witnesses which is in violation of Section 100(4) of the Code of Criminal Procedure, 1973; and lastly [iii] since petitioner is under incarceration for almost 3 years and 3 months, and till date only 6 out of total 14 prosecution witnesses have been examined, the same is violative of his fundamental right to speedy trial. To buttress his submissions, learned counsel for the applicant has relied upon the decision of this Court in Pascal Ezeigbo @ Prince vs. State Govt of NCT of Delhi [Bail Application No. 3494/2024], and Jonathan Chinonso Obodoechi vs. State (Govt Of Nct Delhi) [Bail Application No. 3310/2024]. 4. Learned APP, relying upon the Status Report contends otherwise. 5. Heard both learned counsel for applicant and learned APP. 6. Since a commercial quantity under the NDPS Act of 300 grams of Heroin has been affected from the person of the applicant i.e., right pocket of his trousers, prima facie it constitutes a conscious possession thereof. Therefore, the rigours/ stringent twin condition engrafted under Section 37 of the NDPS Act for grant of bail to the applicant will have to be taken into consideration. As held by the Hon’ble Supreme Court in Union of India v. Ram Samujh:(1999) 9 SCC 429, Union of India v. Ajay Kumar Singh:2023 SCC OnLine SC 346, Union of India v. Vigin K. Varghese 025 SCC OnLine SC 2440 and much recently in State of Punjab v. Sukhwinder Singh @ Gora:2026 INSC 411, these twin conditions are not mere empty formalities and have to be accorded due weightage in matters This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:17:16 involving recovery of commercial quantity such as the present. 7. Moreover, the applicant is a foreign national of Nigerian origin, who, was as per the Status Report was illegally staying in India at the time of his arrest as his visa at the time stood expired, more so, since the applicant has no discernible ties in India, there is a grave apprehension of him absconding, if released on bail. Under such circumstances, it creates a grave suspicion upon the applicant, and his reason for illegal stay, without any rhyme and/ or reason. Lastly, if granted bail by this Court since the applicant is residing illegally here, there is no way that checks and balances can be kept on the applicant, particularly, whence he can be at flight risk. 8. In wake of the above, though there is no videography/ photography or independent witnesses in the present case, especially since they are matters of trial. 9. Lastly, the judgments sought to be relied upon by learned counsel for applicant are distinguishable and are not applicable to the facts involved herein. 10. Therefore, cumulatively in view of the afore-discussed factors, the present bail application, along with pending application(s), if any, is dismissed. 11. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J JULY 8, 2026/bh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:17:16