Delhi High Court
CRL.M.C./6725/2026 of STATE Vs LIVINUS UCHE DIKE on 30 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010428912026 + CRL.M.C. 6725/2026 STATE .....Petitioner Through: Mr. Sanjay Lao, Senior Advocate with Mr. Yudhvir Singh Chauhan, APP for State, Mr. Abhinav Kumar and Mr. Aryan Sachdeva, Advocates. DCP Kushal Pal Singh, Insp. Mukesh Kumar and ASI
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010428912026
+
CRL.M.C. 6725/2026
STATE
.....Petitioner
Through:
Mr. Sanjay Lao, Senior Advocate
with Mr. Yudhvir Singh Chauhan,
APP for State, Mr. Abhinav Kumar
and Mr. Aryan Sachdeva, Advocates.
DCP Kushal Pal Singh, Insp. Mukesh
Kumar and ASI Kartar Singh, P.S.
Uttam Nagar.
versus
LIVINUS UCHE DIKE
.....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
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O R D E R
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30.09.2026
1. The present petition has been filed by the State under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking cancellation of bail granted to the Respondent vide order dated 4th April, 2024, passed by the Special Judge (NDPS-I), Dwarka Courts, in SC No. 63/2022, arising out of FIR No. 714/2021 registered at P.S. Uttam Nagar. The FIR was registered under Sections 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14A of the Foreigners Act, 1946. The State contends that the Trial Court failed to adequately consider the gravity of the allegations, the Respondent’s status as a foreign national, and the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:47:05
applicability of the rigours of Section 37 of the NDPS Act.
2. During the course of the hearing, it is brought to the notice of this Court that the co-accused, who were apprehended in connection with the same FIR and from whom commercial quantities of heroin were recovered, have been granted regular bail by this Court vide common order dated 21st May, 2025, in BAIL APPLN. 4715/2024 and BAIL APPLN. 1508/2025. Mr. Sanjay Lao, Senior Counsel for State, acknowledges that the said order has not been assailed by the State before the Supreme Court.
3. In these circumstances, the Court finds no reason to cancel the bail granted to an accused arising from the same F.I.R. against whom the quantity recovered is of intermediate nature.
4. Accordingly, the present petition is dismissed.
SANJEEV NARULA, J SEPTEMBER 30, 2026/hc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:47:05