24. BA-3665-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3665 OF 2026 Sohel Ahmad Ekhlak Ahmad .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Nikhil G. Hire i/by Ankit Patil & Co., Advocates for Applicant  Ms. Anuja S. Gotad, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P. C. : 1. Heard Mr. Hire, learned Advocate for Applicant and Ms. Gotad, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 120 of 2024 registered with Pawarwadi Police Station, Malegaon, Dist. Nashik for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. Applicant is indicted in NDPS offence for having been found in possession of the alleged contraband MD in his possession. He was arrested on 10.06.2024 and is in custody for the past 2 years and 3 months pending trial. Trial has not commenced and the ignominy of the trial not being concluded in the near foreseeable future enables the 1 of 3 24. BA-3665-26.odt Applicant to maintain the present Bail Application on the basis of his right to a speedy trial. 4. Case of the prosecution even otherwise on merits has been argued, and it is prima facie seen that there is non-compliance of the provisions of Section 42 of the NDPS Act in the present case whereby the seizure panchanama itself states that the alleged contraband recovered from the Applicant from his person is assumed to be MD on the basis of sense of smell without the same having been detected by virtue of the detection kit which is the normal standard procedure. 5. In view of the above and considering the long incarceration of the Applicant, I am inclined to allow the present Bail Application. Hence, Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 120 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Pawarwadi Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 2 of 3 24. BA-3665-26.odt p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 7. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.29 20:05:27 +0530