By Belize Live News Staff: The Delhi High Court has denied bail to Francis Marion Gegg, a 71-year-old Belizean national, who was arrested in 2022 after authorities allegedly discovered 9.9 kg of heroin in his possession at the Delhi airport.
Gegg’s legal team had argued for bail on the basis that the search conducted on his luggage did not comply with Section 50 of India’s Narcotic Drugs and Psychotropic Substances (NDPS) Act, which mandates specific procedures for body searches. However, the court ruled that the protections provided by Section 50 apply only to personal searches, not baggage, and therefore did not apply in Gegg’s case, as the search took place in a public setting.
The court further noted that the amount of heroin seized—classified as a commercial quantity—triggered Section 37 of the NDPS Act, which imposes strict conditions for granting bail in such cases. The court found there were reasonable grounds to believe Gegg was prima facie guilty of the offence, citing the severity of the drug involved and the potential public health risks associated with heroin, particularly the high possibility of fatal overdose.
Additionally, the court identified Gegg as a potential flight risk due to his status as a foreign national, reinforcing the decision to deny bail. The ruling referenced previous judicial precedents and stated that any technical issues regarding the legality of the search under Section 50 would be addressed during the trial, not at the bail stage.
Gegg was detained by Customs officers in October 2022 while traveling from Johannesburg to India via Doha. A search of his luggage at the Delhi airport led to the discovery of the alleged heroin.
