Belizean Francis Gegg denied bail by Delhi High Court after being caught with drugs

Posted: Wednesday, October 2, 2024. 10:46 pm CST.

By Aaron Humes: The Delhi High Court has denied bail to a 71-year-old Belize national, Francis Marion Gegg, who was arrested after being allegedly caught with 9.9 kilos or nearly 22 pounds of heroin at the Delhi airport in 2022.

Gegg had sought bail citing Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which stipulates conditions for searching a person, had not been complied with. However, the court held that the protection of search under Section 50 of the NDPS Act is limited to body search and not that of baggage.

The court emphasized that Section 50 of the NDPS Act was not applicable in Gegg’s case, as the search was of his baggage and not his person, and it was conducted in a public place.

The court also noted that the amount of contraband recovered was of a commercial quantity, attracting Section 37 of the NDPS Act, which restricts conditions under which bail can be granted. The court observed that there were reasonable grounds to believe that Gegg is prima facie guilty of the alleged offence under the NDPS Act.

Furthermore, the court highlighted the nature of the contraband seized, stating that heroin presents a significantly graver threat to public health and individual well-being compared to cannabis. The court emphasized the high risk of fatal overdose associated with heroin use and noted that Gegg, being a foreign national, posed a flight risk.

The court’s decision was based on already laid down judicial precedents, and it stated that the qualms regarding the missing ‘nearest’ from the notice under Section 50 of the Act cannot be considered at the stage of deciding a bail application as it is a matter of trial.

Gegg was intercepted by a Customs officer at the Delhi airport while travelling to India from Johannesburg via Doha in October 2022. A search of his bags led to the discovery of the alleged contraband.

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