Paul Chikwu v. State of Maharashtra

Bombay HC19 Jun 2025BA/1946/2024

Case brief

AI extract

What is this about?

NDPS bail; foreign national (Nigerian) applicant; cocaine 32 grams; LSD 0.22 grams; sampling procedure; NDPS (Seizure, Storage, Sampling and Disposal) Rules 2022; Section 52A NDPS Act certification omitting LSD; Bombay High Court; Milind N. Jadhav, J.; order dated 27 March 2025; adjourned to 29 April 2025; Lakshmi Vaidyanathan for Applicant; Mahalakshmi Ganapathy APP for State.

What did the court decide?

No relief on merits; hearing adjourned — the learned APP for the State is to consider the Applicant's submissions on the sampling procedure and the Section 52A certification and apprise the Court on the next adjourned date; Bail Application listed on Board on 29th April, 2025. ¶¶18

Paul Chikwu vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

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40.BA.1946.24.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 1946 OF 2024

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Paul Chikwu .. Applicant Versus The State of Maharashtra .. Respondent

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Ms. Lakshmi Vaidyanathan, Advocate i/by Mr. Ayaz Khan and Ms. Zehra Charania for Applicant.

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Ms. Mahalakshmi Ganapathy, APP for Respondent – State.

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CORAM : MILIND N. JADHAV, J. DATE : MARCH 27, 2025.

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P.C.:

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1. Heard Ms. Vaidyanathan, learned Advocate for Applicant

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and Ms. Ganapathy, learned APP for Respondent – State.

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2. Ms. Vaidyanathan, learned Advocate for Applicant would submit Applicant is a foreign national from Nigerian having been incarcerated in an offence under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short ‘ NDPS Act ’). She would submit that Applicant was arrested on specific information received by the prosecution alongwith two contraband namely 32 grams of cocaine and 0.22 grams of LSD.

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3. One of the dichotomy in the seizure procedure that learned Advocate for Applicant would point out is that immediately pursuant

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40.BA.1946.24.doc

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to the seizure the prosecution officer has sent the contraband of LSD for forensic without following the sampling procedure contemplated by the Narcotics Drugs & Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 or seeking certification of the alleged contraband under the provisions of Section 52A of the NDPS Act. She would submit that in the certification which is provided the mention is only with regard to the alleged contraband cocaine whereas reference to the alleged contraband LSD is conspicuously missing.

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4. Ms. Ganapathy, learned APP for the State shall consider the aforesaid submissions made by Ms. Vaidyanathan and accordingly apprise the Court on the veracity of the same on the next adjourned date when present Application will take up for hearing.

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5. In that view of the matter, list the Bail Application on Board on 29^th April, 2025 .

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed by AJAYTRAMBAK AJAY TRAMBAKUGALMUGALE UGALMUGALE Date: 2025.03.28 14:25:43 +0530

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Paul Chikwu v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Paul Chikwu v. State of Maharashtra

Case brief

What is this about?

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