Bengaluru: The Karnataka High Court has cancelled the bail granted to a Nigerian national in a drugs seizure case, after it was brought to its notice that he was absconding and not attending the trial, during the last five years.
The court said that though the bail once granted was not ordinarily cancelled, this was an exceptional case.
“I am aware that once bail is granted, the same shall not be ordinarily cancelled until any strong circumstance is placed on record for cancellation of the bail,” the Justice K Natarajan said citing Supreme Court judgements.
“But herein this case, the Sessions Court has granted bail without proper reason and during investigation, an error was committed. Even otherwise, the respondent-accused has violated the conditions of bail by absconding from the case and he is involved in similar offences punishable under the provisions of NDPS Act.
Therefore, I am of the view that the petitioner-State has made out a case for cancellation of bail granted by the Sessions Judge/Special Judge,” Justice Natarajan said in his recent judgement.
The Intelligence Officer, Narcotics Control Bureau, Bengaluru Zonal Unit had approached the high court seeking to cancel the bail of Nigerian national Yakub Usman aka Sentro aka Ahmed Azume Mohammed aka Chikebere.
The accused was arrested on March 27, 2017 and three grams of methamphetamine, 48 grams of hashish oil, 430 grams of ganja and 0.04 grams of LSD paper blots were recovered from him.
He was granted bail by the Sessions court on April 15, 2017. Apart from surety the conditions imposed on him was that he will not tamper with the witness or abscond. He was also ordered not to commit similar offences while on bail.
The Bureau filed a petition for cancelling his bail before the High Court in 2017 itself. It was pointed out that he was not attending the court and was caught in a similar case and was in judicial custody.
The HC in its judgement noted, “Even the High Court was not able to find out the whereabouts of the respondent-accused for 5 years in spite of issuing summons after summons and warrant on various occasions. This petition is pending from the year 2017 and it is unfortunate that the petitioner-NCB is unable to trace the whereabouts of the respondent-accused.” The accused was finally found in judicial custody in another case involving banned drugs. He had violated the bail conditions and was involved in a similar case, the court said.
Ordering the cancellation of bail granted to him in 2017, the judge said, “The respondent-accused is not only a foreigner, but he has dragged the case for more than five years without attending the Court and delayed the process of the Court in disposing of the main case. In spite of granting bail, he has committed similar offences and involved in the drug case, which shows that he is a habitual offender and he has misused the bail and liberty granted to him.”