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Bombay High CourtBA/3525/2025disposed off

Kingsley Emeka Ukwueze v. Narcotics Control Bureau And ANR

2026-02-23Hon'Ble Shri Justice Shivkumar Dige2 pages

32-BA-3525-2025.doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3525 OF 2025 Kingsley Emeka Ukwueze ... Applicant

Versus

Narcotics Control Bureau And Anr ... Respondents ____________________________________________________________ Mr.Anish Pereria i/b Mr.Taraq Sayed, for the Applicant. Mrs.Manisha Jagtap, for Respondent No.1-NCB.

Ms.R.D. Humane, APP for Respondent-State.

by NILAM SANTOSH KAMBLE Date: 2026.02.25 11:31:26 +0530 NILAM SANTOSH KAMBLE ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 23rd FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Special Case No.23 of 2022 in connection to F.No.NCB/MZU/CR80/2021 registered at the instance of the Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai, under Sections 8 (c) read with Section 20(b) (ii)(A), 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('NDPS' for short).

2.

It is prosecution's case that that Applicant is behind bars for more than four years and four months and the Applicant is seeking bail on the ground of long incarceration. The learned counsel fairly submitted that the

32-BA-3525-2025.doc N.S.Kamble earlier Bail Application of the Applicant was withdrawn, and requested to allow the Application.

3.

It is contention of learned SPP that before Trial Court matter was adjourned on the request of the Applicant. The trial is delayed due to the Applicant. The maximum punishment imposed for the offences allegedly committed by the Applicant is 20 years. The 55 garms of Mephedrone which is of commercial quantity and 25 grams Ganja was found in the possession of the Applicant, and requested to reject the Application. 4.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

5.

The Applicant is seeking bail mainly on the ground of the long incarceration. The previous Bail Application of the Applicant was withdrawn. The maximum sentence imposed for the offence committed by the Applicant is of 20 years. There are only eleven witnesses. Charge has been framed. Trial is in progress. Hence, I am not inclined to allow the Application. Hence, I pass following order.

ORDER

(i) The Bail Application is rejected.

(ii) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)