Paul Chigbata Onuoroh S/O Onuoroh v. The Intelligence Officer Narcotic Control Bureau And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3027 OF 2024 Paul Chigbata Onuoroh S/o Onuoroh ...Applicant

VERSUS

The Intelligence Officer Narcotic Control Bureau and Anr.

...Respondents

....

Mr. Advait Tamhankar, Advocate for the Applicant. Adv. Aruna Pai, for Respondent No.1- NCB.

Ms. G. S. Rao, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

06.05.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Case No. 88 of 2021 registered by NCB, Mumbai, for the offences punishable under Sections 8(c) read with 22 (c), 20(B)(ii) (A), and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

On 15.01.2021, on the basis of secret information, the present applicant was apprehended and 203 grams of Mephedrone was found in his possession. During the course of investigation the search of the house of the

applicant was taken and during the said search, 183 grams of Mephedrone and 38 grams of Charas were recovered from the house of the applicant.

4.

I have heard the learned counsel for the applicant and the learned Special PP for the respondent No.1. 5.

The bail is sought on the ground of long incarceration as under-trial prisoner. The learned counsel for the applicant submits that the applicant is in jail for about four years and four months and except framing of charge there is no progress in the trial.

6.

On the other hand, the learned Special PP. for the Respondent No.1 submits that the applicant was found in possession of a commercial quantity of contraband. The learned Special PP submits that the applicant is involved in one more crime of similar nature. However, nothing is produced on record to that effect. The learned Special PP submits that applicant has admitted in his statement that he is involved in one more crime. The learned counsel for the applicant, however, on instructions submits that the applicant is not involved in any other crime. 7.

Be that as it may, the applicant is in jail for four years and except framing of charge there is no progress in trial. Considering the said facts, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Case No. 88 of 2021 registered by NCB, Mumbai, for the offences punishable under Sections 8(c) read with 22 (c), 20(B)(ii)(A), and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the office of NCB, twice in a month, i.e., on first & third Friday between 11:00 am to 2:00 pm, till conclusion of the trial.

8.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)