BAIL APPLN. 1820/2026 1 $~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010208252026 + BAIL APPLN. 1820/2026 EDWIN @ JACKSON @ MADUKA .....Petitioner Through: Mr. Rakesh Sharma, Mr. Anurag Purohit and Ms. Savita, Advocates. versus STATE (N.C.T. OF DELHI) .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with Chandra. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 14.08.2026 1. Status report is taken on record. 2. Applicant seeks regular bail in case arising out of FIR No.0828/2020 dated 20.11.2020, registered at P.S. Tilak Nagar, for commission of offences under Section 21 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Section 14 of Foreigners Act, 1946. 3. One of the prime reasons assigned by the applicant is his unduly long incarceration which has, evidently, frustrated his invaluable right of having a speedy trial. 4. The applicant, a Nigerian National, was apprehended on 20.11.2020 on the basis of a specific secret information. 5. He was apprised about his legal rights and after serving requisite notice under Section 50 of NDPS Act, he was searched in the presence of concerned 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 17/08/2026 at 10:50:00 BAIL APPLN. 1820/2026 2 ACP. His such search yielded 503 grams of heroin. 6. Since the applicant was in the country without valid documents, Section 14 of Foreigners Act, 1946 was also invoked against him and requisite intimation was sent to the High Commission of Nigeria about his apprehension and arrest. 7. The Nominal Roll of the applicant has already been received, which indicates his period of incarceration, as on 17.07.2026, to be of five years, seven months and twenty eight days. His overall jail conduct is recorded as satisfactory. 8. The applicant was charged on 02.04.2022 and out of 16 cited witnesses, prosecution has, so far, been able to examine only 8 witnesses. 9. Indubitably, the quantity recovered from the possession of the applicant is commercial in nature but at the same time, the Court cannot turn blind eye to the abovesaid period of incarceration and it is quite apparent that there is inordinate delay in concluding the trial. 10. Learned counsel for the applicant contends that the Court is required to strike a delicate balance and though, the alleged case is of commercial quantity, but at the same time, the invaluable right of Article 21 of Constitution of India to have a speedy trial cannot be permitted to be frustrated. It is argued that since in the case in hand, the period of incarceration is already of more than five years, his such right stands, seriously, jeopardized. While referring to the judgment of learned Coordinate Bench of this Court in Arinze Hillary Ali v. State of NCT of Delhi (In Bail Appln. No.1022/2026; DoD 27.04.2026), he submits that the Court therein observed that all the factors must be considered holistically and while applying the test under Section 37 of NDPS Act, it is to be ensured that the 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 17/08/2026 at 10:50:00 BAIL APPLN. 1820/2026 3 constitutional guarantee enshrined under Article 21 of Constitution of India is not eclipsed. He also places reliance upon Rabi Prakash v. State of Odisha: 2023 SCC OnLine SC 1009 and one recent pronouncement of Hon'ble Supreme Court in Rajadurai v. The State of Tamil Nadu (in SLP (Crl.) No.5842/2026; dated 05.05.2026), wherein, in a case of commercial quantity, the accused was given bail when custody period was, merely, of one year and no witness had been examined. 11. Very clearly, the period of incarceration is substantially high and there is no prospects of trial getting concluded in near future. This Court, therefore, in order to uphold the constitutional mandate feels it appropriate to give relief to him. 12. Keeping in mind the overall facts of the case, albeit, without expressing any opinion over the merits of the case, the applicant is, hereby, admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 50,000/- with one surety each subject to the satisfaction of concerned learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class with the following conditions:- (i) The surety shall be local. (ii) The address, where the applicant would be residing after his release, shall be revealed in advance and the learned Trial Court will be at liberty to get the same verified, before accepting the bonds. (iii) The applicant shall report to the concerned IO, every first Sunday of the month at 10:00 AM. (iv) The applicant shall not leave the National Capital Region of Delhi, without prior permission of learned Trial Court and would take steps for validation of documents for his stay in India. (v) The applicant shall not try to contact or influence any 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 17/08/2026 at 10:50:00 BAIL APPLN. 1820/2026 4 witness, directly or indirectly. (vi) He shall provide one Mobile Number to the concerned I.O and shall ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court. 13. The application stands disposed of in aforesaid terms. 14. A copy of this order be sent to the concerned learned Trial Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 14, 2026/ss/js 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 17/08/2026 at 10:50:00