PRINCE CHINECHEREM ONOH vs STATE GOVT OF NCT OF DELHI THROUGH SHO

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th August, 2025 + BAIL APPLN. 1057/2025 PRINCE CHINECHEREM ONOH S/o Isaac Onoh R/o 41 Enugu NGWO, Nigeria. .....Petitioner Through: Arun K Shrivastava Shahina, Mr. Praveen and Mr. Ashish Sindhu, Advocates. versus STATE GOVT OF NCT OF DELHI THROUGH SHO Mohan Garden, New Delhi. .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. First Application under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS read with Section 528 of BNSS has been filed on behalf of the Applicant Prince Chinecherem Onoh for grant of Regular Bail in case FIR No.655/2021 under Section 21 Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”) and Section 14-A Foreigners Act, 1946. 2. The Applicant submits that he is innocent and has been falsely Signature Not Verified Signed By:RITA BAIL APPLN.1057/2025 Page 1 of 7 SHARMA Signing Date:29.08.2025 18:02:50 implicated based on false, fabricated and concocted story advanced by the Prosecution. It suffers from serious discrepancies, infirmity and inherent contradictions which goes to the root of the matter. The Chargesheet had been filed without FSL Report and was incomplete entitling the Applicant to statutory Bail. 3. The search and seizure procedure also stands vitiated as it was not conducted in the presence of independent witnesses from the public and also was not in consonance with the mandatory provisions of Section 42 and 50 NDPS Act. 4. Admittedly, sample of the alleged recovered substance was not drawn at the spot at the time of seizure on 19.11.2021, but the sample was drawn on 20.11.2021 in the Court of Ld. MM in the proceed