CRM-M-22372 IN THE HIGH COURT OF PUNJAB AND HARYANA AT UGOCHUKWU DAVID @ JOHN STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA 1 The date when the judgment is reserved 2 The date when the judgment is pronounced 3 The date when the judgment is uploaded on the website 4 Whether only pronounced or whether the full judgment is pronounced 5 The delay, if any, of the pronouncement of full judgment and reasons thereof. Present: Mr. Ravi Malik Mr. **** MANISHA BATRA, J. 1. The 483 of Bharatiya grant of regular bail in case arising out of FIR No. registered under Sections 20(B)II(C), 21C and 29 of the Psychotropic Substances Act Foreigners Act at Police Station Sadar Gurugram, District Gurugram. 22372-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM UGOCHUKWU DAVID @ JOHN Versus HARYANA HON'BLE MRS. JUSTICE MANISHA BATRA The date when the judgment is reserved The date when the judgment is pronounced The date when the judgment is uploaded on the website Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced The delay, if any, of the pronouncement of full judgment and reasons thereof. Mr. Ravi Malik, Advocate for the petitioner Mr. Neeraj Poswal, AAG, Haryana **** MANISHA BATRA, J. The instant petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) regular bail in case arising out of FIR No. registered under Sections 20(B)II(C), 21C and 29 of the Psychotropic Substances Act (for short “NDPS Act”) and Section 14 of Foreigners Act at Police Station Sadar Gurugram, District Gurugram. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22372-2026 (O&M) ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA The date when the judgment is reserved 09.09.2026 The date when the judgment is pronounced 10.09.2026 The date when the judgment is uploaded on the 10.09.2026 operative part of the judgment is pronounced or whether the full judgment is Full The delay, if any, of the pronouncement of full Not applicable Advocate for the petitioner Neeraj Poswal, AAG, Haryana filed by the petitioner under Section Sanhita, 2023 (for short “BNSS”) for regular bail in case arising out of FIR No.403 dated 16.06.2025 registered under Sections 20(B)II(C), 21C and 29 of the Narcotic Drugs and (for short “NDPS Act”) and Section 14 of Foreigners Act at Police Station Sadar Gurugram, District Gurugram. Section for 403 dated 16.06.2025 Narcotic Drugs and (for short “NDPS Act”) and Section 14 of AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-22372 2. As per the allegat information to the effect that the accused Bimal Pahadi who was hailing from Nepal, was indulged in the business of sale of narcotic substances and had been present in Gurugram from the last few days and that he substantial quantity of narcotic substances with him and could be apprehended with the same, a raiding party was formed by believing the said information to be true. Members of raiding team reached at the informed place and apprehended accused recovery of 1060 grams of Sulfa (charas) and 116 grams of cocaine w effected from his possession. The aforementioned accused was formally arrested. On interrogation, he suffered disclosure statement admitting h involvement in the crime. On the basis of his disclosure statement as suffered on 17.06.2025, one Nigerian namely Ugochukwu David @ John i.e. the present petitioner and one Lal Kothari were nominated as accused. During the course of investigation, acc and on the same day suffered disclosure upon his disclosure alongwith the other accused moved an application for grant of regular bail which has been dismissed by the Court of Learned Additional Sessions Judge, Gurugram vide order dated 10.02.2026. 22372-2026 (O&M) 2 As per the allegations, on 16.06.2025, on receipt of a secret information to the effect that the accused Bimal Pahadi who was hailing from Nepal, was indulged in the business of sale of narcotic substances and had been present in Gurugram from the last few days and that he substantial quantity of narcotic substances with him and could be apprehended with the same, a raiding party was formed by believing the said information to be true. Members of raiding team reached at the informed place and apprehended accused Bimal Pahadi. On conducting his search, recovery of 1060 grams of Sulfa (charas) and 116 grams of cocaine w effected from his possession. The aforementioned accused was formally arrested. On interrogation, he suffered disclosure statement admitting h involvement in the crime. On the basis of his disclosure statement as suffered on 17.06.2025, one Nigerian namely Ugochukwu David @ John i.e. the present petitioner and one Lal Kothari were nominated as accused. During the course of investigation, accused Lal Kothari was arrested on 18.06.2025 and on the same day, petitioner was also apprehended. suffered disclosure statement admitting his involvement in the crime and upon his disclosure, some other co-accused were nominated as accused alongwith the other accused moved an application for grant of regular bail which has been dismissed by the Court of Learned Additional Sessions Judge, Gurugram vide order dated 10.02.2026. ions, on 16.06.2025, on receipt of a secret information to the effect that the accused Bimal Pahadi who was hailing from Nepal, was indulged in the business of sale of narcotic substances and had been present in Gurugram from the last few days and that he was having substantial quantity of narcotic substances with him and could be apprehended with the same, a raiding party was formed by believing the said information to be true. Members of raiding team reached at the informed Bimal Pahadi. On conducting his search, recovery of 1060 grams of Sulfa (charas) and 116 grams of cocaine was effected from his possession. The aforementioned accused was formally arrested. On interrogation, he suffered disclosure statement admitting his involvement in the crime. On the basis of his disclosure statement as suffered on 17.06.2025, one Nigerian namely Ugochukwu David @ John i.e. the present petitioner and one Lal Kothari were nominated as accused. During used Lal Kothari was arrested on 18.06.2025 was also apprehended. The petitioner statement admitting his involvement in the crime and accused were nominated as accused. He alongwith the other accused moved an application for grant of regular bail which has been dismissed by the Court of Learned Additional Sessions Judge, ions, on 16.06.2025, on receipt of a secret information to the effect that the accused Bimal Pahadi who was hailing from Nepal, was indulged in the business of sale of narcotic substances and had was having substantial quantity of narcotic substances with him and could be apprehended with the same, a raiding party was formed by believing the said information to be true. Members of raiding team reached at the informed Bimal Pahadi. On conducting his search, s effected from his possession. The aforementioned accused was formally is involvement in the crime. On the basis of his disclosure statement as suffered on 17.06.2025, one Nigerian namely Ugochukwu David @ John i.e. the present petitioner and one Lal Kothari were nominated as accused. During used Lal Kothari was arrested on 18.06.2025 The petitioner statement admitting his involvement in the crime and He alongwith the other accused moved an application for grant of regular bail which has been dismissed by the Court of Learned Additional Sessions Judge, AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-22372 3. It is argued by learned counsel for the petitioner that he h falsely implicated in this case on the basis of disclosure statement of the co accused which cannot be considered to be legally admissible in evidence. He is in custody since He has been made extended benefit of bail. Principle of parity weighs in his favour. broad submissions, it is urged that he deserves to be released on bail. 4. Learned State counsel has the gravity of the allegations levelled against the petitioner, the fact that he is foreign national substance and is involved in 02 more cases of similar nature, deserve to be extended benefit of bail dismissed. 5. This Court has heard the rival submissions made by learned counsel for the parties. 6. The petitioner, who is a foreign national, is alleged to have been involved in illicit trading of narcotic substances. As per the allegations, he had been operating an established cross sale network by sourcing the contraband through a Nigerian syndicate operating in Delhi and sold narcotics loc He is also alleged to have been smuggling cocaine. His antecedents are not clean, as he is found to be involved in two other cases under the provisions of 22372-2026 (O&M) 3 It is argued by learned counsel for the petitioner that he h falsely implicated in this case on the basis of disclosure statement of the co accused which cannot be considered to be legally admissible in evidence. He is in custody since 18.06.2025. No recovery has been effected from him. He has been made a scapegoat to let off real culprits. extended benefit of bail. Principle of parity weighs in his favour. broad submissions, it is urged that he deserves to be released on bail. Learned State counsel has argued that the gravity of the allegations levelled against the petitioner, the fact that he is foreign national and was involved in the business of illicit trading of narcotic substance and is involved in 02 more cases of similar nature, deserve to be extended benefit of bail and the petition deserve to be This Court has heard the rival submissions made by learned counsel for the parties. The petitioner, who is a foreign national, is alleged to have been ed in illicit trading of narcotic substances. As per the allegations, he had been operating an established cross-border narcotics procurement and sale network by sourcing the contraband through a Nigerian syndicate operating in Delhi and sold narcotics locally in Gurugram to fund his travel. He is also alleged to have been smuggling cocaine. His antecedents are not clean, as he is found to be involved in two other cases under the provisions of It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of the co- accused which cannot be considered to be legally admissible in evidence. .2025. No recovery has been effected from him. egoat to let off real culprits. The co-accused has been extended benefit of bail. Principle of parity weighs in his favour. With these broad submissions, it is urged that he deserves to be released on bail. argued that taking into consideration the gravity of the allegations levelled against the petitioner, the fact that he is in the business of illicit trading of narcotic substance and is involved in 02 more cases of similar nature, he does not and the petition deserve to be This Court has heard the rival submissions made by learned The petitioner, who is a foreign national, is alleged to have been ed in illicit trading of narcotic substances. As per the allegations, he border narcotics procurement and sale network by sourcing the contraband through a Nigerian syndicate ally in Gurugram to fund his travel. He is also alleged to have been smuggling cocaine. His antecedents are not clean, as he is found to be involved in two other cases under the provisions of as been - accused which cannot be considered to be legally admissible in evidence. .2025. No recovery has been effected from him. accused has been With these taking into consideration the gravity of the allegations levelled against the petitioner, the fact that he is in the business of illicit trading of narcotic does not and the petition deserve to be This Court has heard the rival submissions made by learned The petitioner, who is a foreign national, is alleged to have been ed in illicit trading of narcotic substances. As per the allegations, he border narcotics procurement and sale network by sourcing the contraband through a Nigerian syndicate ally in Gurugram to fund his travel. He is also alleged to have been smuggling cocaine. His antecedents are not clean, as he is found to be involved in two other cases under the provisions of AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-22372 NDPS Act. The allegations against him are serious in nature. The that he can abscond unfounded. The trial is going on and there is nothing on record to suggest that there would be any undue delay in conclusion of the same. In view of the above discussed fa accused who has been extended benefit of bail. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition does not deserve to be allowed. Accor 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 8. Since the main petition has been if any, is rendered infructuous. 10.09.2026 Amit Sharma 22372-2026 (O&M) 4 NDPS Act. The allegations against him are serious in nature. The that he can abscond, if extended benefit of bail unfounded. The trial is going on and there is nothing on record to suggest that there would be any undue delay in conclusion of the same. In view of the above discussed facts, he cannot be stated to be treated at parity with the co accused who has been extended benefit of bail. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. Since the main petition has been if any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Whether reportable:- Yes/No NDPS Act. The allegations against him are serious in nature. The contention if extended benefit of bail, cannot be stated to be unfounded. The trial is going on and there is nothing on record to suggest that there would be any undue delay in conclusion of the same. In view of the cts, he cannot be stated to be treated at parity with the co- accused who has been extended benefit of bail. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition dingly, the same is dismissed. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no dismissed, pending application, (MANISHA BATRA) JUDGE - Yes/No contention cannot be stated to be unfounded. The trial is going on and there is nothing on record to suggest that there would be any undue delay in conclusion of the same. In view of the - accused who has been extended benefit of bail. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no , pending application, AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment.