Tochukwu Maximus Ikwuka v. Union Of India

D/L50 24.02.2026 Bpg.

dismissed C.R.M. (NDPS) 337 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS Case No.11 of 2024 under Sections 8(c) read with 22/23/29/35/34 of the Narcotic Drugs and Psychotropic Substances Act, 1985 arising out of NCB Crime No.08/2024;

Tochukwu Maximus Ikwuka

Versus

Union of India Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sarnali Gupta.

...for the petitioner.

Mr. Gouranga Kumar Das Mr. Sagar Saha.

...for the NCB.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 11 months, he is innocent of charges and has been falsely implicated in this case. Learned advocate emphasizes that the petitioner is a foreign national who has been foisted with number of criminal cases and there are no materials to connect the petitioner with the alleged offence. As number of cases within a short span of time has been registered, the prosecution is trying to portray the petitioner with criminal antecedents. The other cases which have been registered are at a point of time when the petitioner was in custody. Learned advocate for the NCB opposes the prayer for bail and submits that there are four cases, two cases are at Calcutta

and two cases at Delhi. Earlier, the prayer for bail of the co-accused has been rejected by this Court. The quantity of MDMA recovered in this case is of commercial quantity. Petitioner is a foreign national and, as such, all efforts are being taken by the prosecution to proceed with the trial of the case with utmost efficiency. Having considered that the rigors of Section 37 of the NDPS Act is attracted in the present case, I am not inclined to release the petitioner on bail. However, the learned trial court would ensure that the trial progresses on each and every date fixed and 11 witnesses are ensured they appear on the date fixed by the learned trial court.

With the aforesaid observations, I am of the view that at this stage CRM(NDPS) 337 of 2026 is dismissed. Report submitted by the NCB be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)