Delhi High Court Denies Bail to Francis Gegg Caught with 9.9 kg of Heroin

The Delhi High Court has denied bail to a 71-year-old Belize national, Francis Marion Gegg, who was arrested with 9.9 kg of heroin at Delhi airport in 2022. Gegg had argued that the search violated Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which requires a person to be informed of their right to be searched in the presence of a gazetted officer.

The court clarified that Section 50 only applies to body searches, not baggage searches, and since the search occurred in a public place, it was lawful. The court also found that Gegg had been served with a Section 50 notice, but his objections about the notice’s wording were irrelevant at the bail stage. Given that the quantity of heroin found was considered commercial, the court ruled that Section 37 of the NDPS Act, which imposes stricter bail conditions, applied.

The court further stressed the severe public health risks posed by heroin, stating that the drug’s highly addictive nature and potential for fatal overdose made it a significant threat. The court established that Gegg, as a foreign national, posed a flight risk.