P.H. JAYANI 21 BA4521.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4521 OF 2025 Mohammed Faisal Hanif Shaikh …. Applicant V/s. The State of Maharashtra …Respondent Mr. Rounak Naik i/b. Ms. Lochan Chandka for the Applicant. Mr. Vinit Kulkarni, APP for the Respondent – State. Mr. Balwant Bharade, API, ANC, Thane City, present. CORAM: SHYAM C. CHANDAK, J. DATED : 19th AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. Mr. Naik, learned Counsel for the Applicant tendered an Affidavit about ‘NIL’ criminal antecedents. It is taken on record (Exh. ‘X’). 2. The Applicant (Accused No.3) seeks his release on bail in connection with C.R.No.1699/2024 registered with Shil-Daighar Police Station, Thane for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Sections 18(c), 18(a), 27(b) and 28(a) of the Drugs and Cosmetics Act, 1940, on the Report dated 13.12.2024 filed by Mr.Tavade, PHC, ANC, Crime Branch, Thane. 3. The prosecution case is that on 12.12.2024 at about 18:25 hours, at Daighar, Thane, the Accused No.1-Nawaz Shamshuddin Pawle (A1) was found in possession of 576 bottles of Codeine Phosphate based cough syrup. Therefore, the aforesaid crime came to be registered and A1 was arrested. Page 1 of 5 P.H. JAYANI 21 BA4521.2025.DOC It is alleged that Accused No.2- Shakeel Afroz Ali used to supply the said contraband to A1. Further, A1 led the police to certain shop which was managed by A2, where police seized 144 bottles of the same contraband from the possession of A2. It is alleged that the Applicant and Accused No.4 Siraj Nisar Nurani @ Siraj Memon had sold the contraband on the say of A1. Therefore, A2 to A4 were arrested. Finally, all accused stood charge-sheeted. The trial Court declined to release the Applicant on bail. 4. Mr. Naik, learned Counsel for the Applicant submitted that, except the statement of A1 that he used to sell the contraband bottles to the Applicant to sell the same, there is no other evidence against the Applicant showing his complicity in this crime. As regards the banking transactions between the Applicant, A1 and wife of A1, he submits that the said transactions has also no relevance with this crime. As such, the Applicant is innocent. He has no criminal antecedents. Therefore, bail may be granted. 5. In reply, Mr. Kulkarni, the learned APP submitted that immediately after the seizure of the contraband, A1 disclosed about the role of the present Applicant in this crime. After arrest of the accused persons, the investigation revealed the banking transactions between the Applicant, A1 and wife of A1 which is in close proximity to seizure of the contraband. Thus, there is a prima facie case against the Applicant. Since the offence pertains to commercial quantity of the contraband, bail be refused. 6. I have considered these submissions. It is a matter of record that no contraband is seized from possession of the Applicant. Secondly, the banking transactions pertains to the period from 12.08.2024 to 26.10.2024. The present crime was registered on 12.12.2024. How the said transactions are related to the seized P.H. JAYANI 21 BA4521.2025.DOC contraband is not sufficiently explained by the Respondent. The wife of A1 is not made an accused. Secondly, except the statement of A1 that the Applicant is involved in this crime, there is no material on record showing as to how the Applicant was getting the contraband bottles from A1 to sell to his customers. There is no investigation as to when and to whom the Applicant has sold the contraband, if indeed he was procuring it from A1 for that end. In the backdrop, whether the Applicant is involved in this crime or not is a question of trial. 7. Additionally, the Applicant is behind bars for more than 18 months. Till date, charge is not framed. The learned Counsel for the Applicant submits that the trial Court is dealing with other custody matters which are more old than this case. Therefore, the trial is likely to take considerable time to conclude. 8. In Anandbhai Rajendrabhai Vaniya v. State of Gujarat, Criminal Appeal No.859/2025 arising out of [SLP (Crl.) No.17042/2024], as alleged, the appellant was driving the car from which 995 bottles of RX Codeine Phosphate & Triprolidine Hydrochloride syrup were seized. The appellant had figured in eight cases, but, was discharged in five cases, acquitted in two cases and in the other remaining case, he was on bail. Taking into consideration the 17 months incarceration of the Applicant, the nature of allegations levelled against him and, the possibility of the trial not being concluded anytime soon, the Hon’ble Supreme Court released the appellant on bail. 9. In MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.) 12419/2024, the petitioners were arrested on 10.12.2023 as 1920 bottles of codeine phosphate syrup were seized from them. The trial was not commenced. No witness was examined, though 14 P.H. JAYANI 21 BA4521.2025.DOC were cited by the prosecution. Taking note of the quantity of codeine phosphate syrup allegedly involved in the case and, the period of incarceration (11 months) already undergone by the Petitioners, the Hon’ble Supreme Court released them on bail. 10. In the wake of above, I am inclined to allow the Application. Hence, following Order :- (i) The Applicant – Mohammed Faisal Hanif Shaikh shall be released on bail in C.R.No.1699/2024 registered with Shil-Daighar Police Station, Thane on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Anti- Narcotic Cell, Crime Branch, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The Applicant shall not tamper with the prosecution evidence and shall not influence upon the prosecution witnesses to prevent them from deposing against them. (v) The Applicant shall not indulge in identical activities for which he has been arraigned in this case. (vi) On being released from jail, the Applicant shall furnish his contact number and residential address to the P.H. JAYANI 21 BA4521.2025.DOC Investigating Officer and shall keep him updated, in case there is any change. (vii) The Applicant shall not enter the jurisdiction of Thane District for two years from the date of his release from jail, except for attendance at ANC, Crime Branch, Thane, and before the trial Court. (viii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 11. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.08.21 14:11:30 +0530