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Fred Okeke @Ekpyony vs. Narcotics Control Bureau

Bail Application · 2026:DHC:7685Decided 9 Sept 2026New Delhi Bench
BAIL APPLN. 1470/2026CNR: DLHC010156452026
Justice Girish Kathpalia

Background

The applicant, a foreign national, was arrested in June 2021 after being found with 122 grams of cocaine on his scooter. He remained in custody through the trial, during which only 6 of 17 prosecution witnesses had been examined by the time of this bail application: over four years after arrest.

Decision Breakdown

The Court granted regular bail solely on the ground of prolonged incarceration without a concluded trial, applying Supreme Court precedent (Rabi Prakash v. State of Odisha) that such delay can itself justify bail. The prosecution's own lawyer confirmed, after checking the trial court record, that the delay was not caused by the defence. The only condition the Narcotics Control Bureau sought was that, since the applicant's passport and visa had expired, he be handed over to the Foreigners Regional Registration Office (FRRO) upon release rather than simply freed. Bail was granted on a personal bond of Rs. 50,000 with one surety, with custody transferred to FRRO.

Lesson Learnt

Even in serious narcotics cases, a trial that drags on for years without real progress, through no fault of the accused, can by itself be a valid ground for bail, since prolonged pre-trial detention infringes personal liberty.

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