The Delhi High Court has rejected bail applications of two men accused in an alleged drug trafficking syndicate, emphasizing that lack of knowledge about the nature of contraband cannot absolve liability under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Justice Ajay Digpaul denied bail to Ekoh Collins Chidubem, a Nigerian national, and Pradeep Kumar Jha, who were charged under Sections 8, 21, 23, and 29 of the NDPS Act.
The Narcotics Control Bureau (NCB) stated that a raid at the DHL Express Pvt. Ltd. office in Delhi led to the seizure of two packets of heroin, weighing 376 grams and 374 grams. Jha, identified as the consignee, admitted knowledge of the parcel and displayed the airway bill on his mobile phone.
During his voluntary statement, Jha revealed that parcels were being sent from South Africa by one Martin Gary and regularly handed over to a Nigerian national in Delhi in exchange for money. He also disclosed that another consignment was to be delivered. Based on this information, Chidubem was apprehended at the delivery location. He admitted having previously collected 7–8 consignments on instructions of his South African associate. Both accused were arrested in May 2022.
The accused contended that Chidubem was implicated solely based on Jha’s statement, that no contraband was found in their personal possession, and that Jha was merely transporting the parcel as an employee of a logistics company with minimal monetary involvement.
The Court dismissed the bail pleas, holding that:
1. Procedural compliance: No violation of procedure was noted, and any delay did not vitiate the prosecution’s case.
2. Minor discrepancies: Alleged differences in the color of the contraband were insufficient to justify bail; such issues required explanation by the Investigating Officer.
3. Prima facie evidence: Call Detail Records (CDRs) and WhatsApp chats, combined with seizure reports, voluntary statements, independent witness accounts, and financial transactions, provided substantial prima facie material implicating the accused.
4. Commercial quantity & modus operandi: The large quantity of heroin, clandestine execution, and cumulative material satisfied the statutory conditions under Section 37 NDPS Act for denial of bail.
5. Flight risk: Chidubem, being a foreign national without valid documents, presented a risk of absconding.
The Court reiterated:
“Jha’s voluntary statement shows that he intended to hand over the contraband to Chidubem. Taken together, the evidence indicates the modus operandi of the transaction. Ignorance of the contents or nature of contraband cannot be relied upon as a defence.”
Consequently, both bail applications were refused.
Case Details
• Case Title: Ekoh Collins Chidubem v. NCB & Other Connected Matters
• Court: Delhi High Court
• Judge: Justice Ajay Digpaul
• Law Involved: NDPS Act, 1985 (Sections 8, 21, 23, 29, 37)
