Foreign National Granted Bail After 6 Years in Custody for Cocaine Swallowing Case
The Delhi High Court has granted bail to a foreign national who had been in custody for over six years in relation to a case involving the possession of cocaine capsules. Soleto Justniano Fernando Tito, a citizen of Bolivia, had swallowed and concealed 50 cocaine capsules in his stomach. The high court noted that the trial in the drugs case is yet to be concluded and ordered the lower court to expedite the recording of evidence and conclude the trial within six months.
Justice Swarana Kanta Sharma granted bail to Tito while also directing him to deposit his passport with the trial court and prohibiting him from leaving the country. The court specified that the trial court must ensure that a certificate of assurance from the High Commission of Bolivia, duly verified, is placed on record to guarantee that Tito will not leave the country. Furthermore, Tito is not permitted to leave the National Capital Territory (NCT) of Delhi without the prior permission of the trial court.
The high court referenced a Supreme Court judgment that reiterated that the provision under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act should not impede the grant of bail to undertrials who have been incarcerated for an extended period. Considering Tito’s custody of more than six years and the ongoing trial, the high court was inclined to grant him regular bail upon furnishing a personal bond of Rs 1 lakh with two sureties of the same amount, to the satisfaction of the trial court.
The court recognized that the offense for which Tito was accused carries a punishment of rigorous imprisonment for a term of not less than 10 years, but potentially up to 20 years.
According to the Narcotics Control Bureau (NCB), Tito was apprehended at the Indira Gandhi International Airport in May 2017, and 50 capsules containing cocaine were discovered in his possession. The contraband, totaling 500 grams of cocaine, was seized by the agency. The capsules were retrieved from Tito’s stomach with medical assistance at Safdarjung Hospital.
The prosecution affirmed that Tito had disclosed that his cousin had given him the contraband to deliver in India, and he had initially swallowed 80 capsules. However, during the journey, he had vomited 30 capsules at Sao Paulo Airport in Brazil.
Tito sought bail on the grounds that he had been in judicial custody since his arrest on May 16, 2017, and that more than six years had passed. He clarified that he was not pressing the bail plea based on merit but solely due to the extended period of his custody.
The NCB opposed the bail plea, asserting that it involved the recovery of a commercial quantity of the illicit drug, and given that Tito is a foreign national, there is a possibility of him absconding.
