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2021 (10) TMI 1281 - HC - Indian LawsIllegal detention of applicant - Magistrate rejected the contention by holding that the question of custody of the Applicant being illegal, no longer survived as he was already remanded to judicial custody on 09.03.2021 by the Special Court - HELD THAT:- The judgment in the case of Suaibo Ibow Casamma [1993 (7) TMI 97 - HIGH COURT OF JUDICATURE AT BOMBAY] clearly covers the position of law in favour of the Applicant, because in almost identical circumstances, this Court not only entertained the bail application, but allowed the same on the specific ground of violation of the rights available to the Applicant under Articles 21 and 22 of the Constitution. Hence, it is found that the Applicant is entitled for grant of bail on the sole ground raised in the present application. But, at the same time, this Court cannot be oblivious of the fact that the Applicant is alleged to be involved in serious offences under the NDPS Act. The reply filed on behalf of the State demonstrates that he has criminal antecedents and there are at least four cases registered and pending against him pertaining to the offences under the NDPS Act. Therefore, stringent conditions need to be imposed, even if bail is granted to the Applicant. In this context, in a number of bail applications filed before this Court by foreign nationals, particularly pertaining to offences under the NDPS Act, submissions have been made on behalf of the prosecution that such accused persons do not have valid passports and visas. They deliberately carry no papers to ascertain their identities. Most of such accused persons are repeat offenders. They do not disclose their genuine and correct identities and when they are apprehended, they give fictitious names to the investigating authorities, thereby further complicating the cases. As a result, after they are granted bail, it is extremely difficult to ensure their presence to face trial. They also further indulge in criminal activities concerning offences under the NDPS Act. In the present case, the Applicant has stated in the present bail application at paragraph 9 that he is a Nigerian and that he has lost his Nigerian passport. This itself shows that the respondent no.2 is justified in expressing the apprehension that the applicant is also adopting the said modus operandi of deliberately destroying documents of identity like passport and then committing crimes by suppressing and changing identities. Therefore, appropriate stringent conditions need to be imposed while allowing the present application. The Applicant shall be released on bail on furnishing PR bond of ₹ 1,00,000/- and a surety in the like amount, and other conditions imposed - application allowed.
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