Sunny Ocha Iyke v. The Union Of India And ANR

3_BA5171_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.5171 OF 2024 Sunny Ocha Iyke ...

Applicant Vs.

Union of India and another ...

Respondents Mr. Khushal Parmar a/w. Ms. Anjali More for Applicant. None for Respondent No.1.

Mr. Prasanna P. Malshe, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : DECEMBER 17, 2024 P.C. :

.

In this application, Mr. Parmar, learned counsel for the applicant submits that mandatory procedure under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 was not complied with and therefore, the applicant has a strong prima facie case in his favour. 2.

The contesting respondent, in the present case, is Union of India through the Narcotics Control Bureau (NCB).

3.

The learned counsel for the applicant submits that the copy of the application was served on the office of the NCB on 09.12.2024. But, there is nothing to indicate that the said respondent was intimated about listing of the application today.

4.

In view of the above, list this application for further consideration on 09.01.2025, High on Board.

5.

The learned counsel for the applicant is at liberty to inform the office of the NCB about listing of the application on the said date. MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2024.12.17 18:20:50 +0530 (MANISH PITALE, J.) 1/1 Minal Parab