Bombay High Court
Paul Chikwu vs State Of Maharashtra on 4 February, 2026
2026:BHC-AS:5996
Prasad Rajput
(P.A.) 15_BA_1946_2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1946 OF 2024
Paul Chikwu ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Dilip Mishra i/by Zehra Charania, Arfa Shaikh and Ayaz
Khan, for the Applicant.
Ms. Anuja S. Gotad, APP for the Respondent - State.
API - Pallavi Dhagepatil, EOW, Wagle Division - 5, present.
CORAM DR. NEELA GOKHALE, J.
DATED: 04TH FEBRUARY 2026
PC:-
1. By this Application, the Applicant seeks his
enlargement on bail in connection with C.R.No. 103 of 2023
dated 29th March, 2023 registered with the Kasarvadavli
Police Station, for the offences punishable under Sections
8(c), 2(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS').
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2. The case of the prosecution, in brief, is that on
receipt of secret information, the officials of the police station
acted upon the said information and apprehended the
Applicant. After following the due procedure prescribed under
the NDPS Act, they conducted a search of the Applicant and
recovered 32 grams of Cocaine and 22 LSD blots from his
possession. Pursuant to registration of the FIR against the
Applicant, the Applicant came to be arrested on 28th March,
2023.
3. The Applicant made an Application seeking bail
before the Special Judge (NDPS), Thane, however, by order
dated 7th February, 2024, the said application was rejected.
Hence, the Applicant has filed the present Bail Application for
the relief as prayed.
4. Mr. Mishra, learned counsel for the Applicant,
advanced a significant argument. He submits that the quantity
of Cocaine allegedly recovered from the possession of the
Applicant is 32 grams, whereas the commercial quantity
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prescribed is 100 grams. He further submits that the bulk of
LSD recovered from the Applicant was marked as 'B', and the
receipt of the said sample of the contraband record that the
FSL has received 'B1'. The quantity received by the FSL is
entire bulk of LSD and not a sample. Hence, Mr. Mishra
submits that the marking on the entire bulk of contraband
containing LSD ought to have been marked also as 'B' instead
of 'B1'. This discrepancy, according to him, lends a doubt on
the credibility on the contraband sent by the police to the FSL
for chemical analysis. On this ground, Mr. Mishra prays that
the Applicant be enlarged on bail.
5. Ms. Gotad, learned APP representing the State,
submits that save and except and this particular discrepancy,
there is no material on record to indicate that the Applicant
has not committed the said offence. She submits that, in fact,
the contraband was recovered from his person. She also
points to the antecedents of the Applicant. She submits that
there is a criminal antecedent against the Applicant registered
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with the Khar Police Station. However, Mr. Mishra interjects to
say that in the charge-sheet the police officials have not stated
in the said CR pending against the present Applicant.
6. I have heard learned counsel for the respective
parties and perused the record of the case with their
assistance.
7. Despite Ms. Gotad submits regarding the
antecedent of the Applicant, admittedly, no such antecedent is
recorded in the charge-sheet. Moreover, the Applicant is in
custody since 28th March, 2023, and charges have not been
framed as on date. Additionally, the discrepancy regarding
marking of the contraband seized from the Applicant and that
sent to the FSL for chemical analysis are significantly distinct.
Prima facie it appears that the Applicant may not have
committed the alleged offence.
8. In view of the aforesaid, I am inclined to enlarge
the Applicant on bail. It is accordingly ordered as under:-
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ORDER
i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount;
ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;
iii) The Applicant shall also attend the Police Station concerned once in a month between 11:00 a.m. to 02:00 p.m., till the charges are framed;
iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;
v) The Applicant shall not leave India, without the permission of the Trial Court;
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influence or contact the complainant, witnesses or any person concerned with the case;
vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;
viii) The Applicant to co-operate with the conduct of the trial;
ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.
9. Application is allowed in the above terms and is accordingly disposed of.
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10. It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.
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