Christian Chinedeo Christopher @ ... vs The State Of Maharashtra
2023 Latest Caselaw 3351 Bom

                                                                                 8-ba-3700-22.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 3700 OF 2022

Christian Chinedeo Christopher
@ Menssa Propser                                                    ...Applicant
     V/s.
The State of Maharashtra                                            ...Respondent.
(Inspector of Customs, Narcotic Cell)

Mr. Tabish Mooma i/b Ms Sadiya Khan for the Applicant.
Mr. P. H. Gaikwad- Patil, APP for the Respondent/State .
Mr. Amit Munde, Spl.P.P. for Respondent/Customs.

                                    CORAM   :         N.R. BORKAR, J.

                                    DATE    :         03.04.2023.

P.C. :

1. This is an application under Section 439 of Cr.P.C. for bail.

2. The applicant, at present, is in judicial custody in Crime No.3 of 2015 registered by Customs, Pune for the ofences punishable under Sections 21(b), 23(b), 29 and 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The learned counsel for the applicant submits that the applicant is in jail for more than 7 years.

4. On the other hand, the learned Standing Counsel for the respondent/ Customs submits that the applicant was initially arrested in Crime No.231 of 2015 registered by Anti Narcotic Cell, Bandra Unit, Mumbai and from that crime his custody was taken in

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8-ba-3700-22.doc

the present crime. It is submitted that the trial Court convicted the applicant in the said Crime No. 231 of 2015 by the judgment and order dated 18 May 2022 passed in N.D.P.S. Special Case No. 43 of 2016 for the ofence punishable under Section 14 (B) of the Foreigners Act, 1946 and sentenced to sufer rigorous imprisonment for 4 years, so also for the ofence under Section 12 (1-A)(b) of the Passport Act and sentenced to sufer rigorous imprisonment for 3 years. It is submitted that the contention of the learned counsel for the applicant that the applicant is in jail for more than 7 years in the present crime, therefore, is not valid.

5. Considering the facts and circumstances of the case and as the applicant is foreign national, the trial Court shall endeavor to conclude the N.D.P.S. Special Case No. 18 of 2016 as early as possible. In case the trial is not concluded within six months from the date of receipt of copy of this order, the applicant is at liberty to circulate the present application.

                                                      [N.R.BORKAR, J.]




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