1 962BA1577.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 962 BAIL APPLICATION NO. 1577 OF 2026 Sohel Mehmood Shaikh VERSUS The State Of Maharashtra ... Mr. Rahul Prabhakar Savale a/w Mr. Anant Sahebrao Nikam - Advocate for the Applicant Mr. S. A. Gaikwad - APP for the State ... CORAM : HITEN S. VENEGAVKAR, J. DATED : 23RD SEPTEMBER, 2026 PER COURT : 1. Heard the learned Advocate for the Applicant and the learned APP for the State. I have also perused the entire investigation papers and the charge-sheet with the assistance of both of them. 2. By the present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks regular bail in connection with C.R. No. 100 of 2026, registered with City Chowk Police Station, Chhatrapati Sambhajinagar, for the offences punishable under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”). Subsequently, Section 21(c) of the NDPS Act has been added in the Charge-sheet. The Applicant came to be arrested in the aforesaid crime on 29.03.2026. 3. The prosecution case, in brief, is that during the raid conducted by the Investigation Team on 28.03.2026, at about 04:40 2026:BHC-AUG:44128 2 962BA1577.2026.odt p.m., the present Applicant was found in the company of the other three accused persons. When the accused persons were accosted and searched, the present Applicant was found in possession of 49.31 grams of M.D., worth Rs.9,86,200/-. 4. The investigation revealed that Accused Nos. 3 and 4 were present at the spot for purchasing the said M.D. drug, while the present Applicant and Accused No. 2 had procured the same from absconding Accused No. 5. After carrying out all the necessary procedural aspects, the offence came to be registered, and the Applicant, along with the other co-accused, came to be arrested. Accused No. 5, who was subsequently named in the FIR, is still absconding. 5. The learned Advocate for the Applicant submits that the Applicant has no criminal antecedents and that the M.D. drug found in his possession is not of commercial quantity. It is only 49.31 grams of M.D., which is less than the required 50 grams quantity constituting commercial quantity. He submits that the Applicant has been in jail since 29.03.2026 and is hardly 22 years of age. The Applicant has been falsely implicated by the Prosecution and has no connection whatsoever with the alleged offence. He further submits that, taking into consideration that the quantity is not commercial and the period during which the Applicant has been in custody, he be enlarged on bail. 3 962BA1577.2026.odt 6. The learned APP for the State vehemently opposes the Application, stating that the quantity is very close to the commercial quantity and, therefore, can be termed as an intermediate quantity. However, the record clearly indicates that the present Applicant was found in possession of M.D. drug worth Rs.9,86,200/-, which was brought from Mumbai after purchasing it from Accused No. 5 for the purpose of sale. The presence of Accused Nos. 3 and 4, who were there for the purchase, clearly shows that the Applicant is involved in the entire racket of purchasing and selling drugs. He submits that the offence is serious and, therefore, the Applicant should not be released on bail. He also argues that the release of the other co-accused persons will not be of any benefit to the present Applicant, for the simple reason that the present Applicant was found in possession of M.D. drug, whereas the other accused were not found in possession of the same. He submits that there is material showing financial transactions between the present Applicant and the co-accused Salman and Farhan, from whom the M.D. drug has been procured. This material is sufficient, at this stage, to infer the involvement of the present Applicant. He prays that the Application be rejected. 7. I have perused the entire material on record. No doubt, the prosecution material clearly indicates the involvement of the present Applicant. The M.D. drug, valued at Rs. 9,86,200/- and weighing 49.31 grams, has been recovered from the person of the present Applicant. The 4 962BA1577.2026.odt Chemical Analyzer's report also clearly suggests that the drug seized from the person of the present Applicant is M.D. drug, which is a prohibited psychotropic substance. However, the fact remains that the quantity recovered from the Applicant is less than the prescribed commercial quantity, which is 50 grams. Taking into consideration the quantity recovered, the applicability of Section 37 of the NDPS Act remains doubtful. Once the rigours of Section 37 of the NDPS Act are not applicable, the present Application will have to be considered from the angle of the period of custody undergone and the punishment prescribed for possessing a non-commercial quantity. The investigation is complete, and the other co-accused have already been released on bail, save and except Accused No. 5, who is not available and is absconding from the investigation. However, the abscondence of Accused No. 5 will not preclude this Court from releasing the present Applicant on bail. The apprehension raised by the learned APP can be allayed by imposing stringent conditions. The Applicant has been in custody since 29.03.2026. The investigation is complete, and custodial interrogation of the present Applicant is not necessary. There is absolutely nothing that is required to be recovered from the present Applicant. In these circumstances, I am inclined to allow the present Application and pass the following order:- ORDER (i) The Application is allowed. 5 962BA1577.2026.odt (ii) The Applicant, Sohel Mehmood Shaikh, who is arrested in connection with C.R. No. 100 of 2026, registered with City Chowk Police Station, Chhatrapati Sambhajinagar, for the offences punishable under Sections 8(c), 21(b) and 29 of the NDPS Act, and subsequently added Section 21(c) of the NDPS Act, shall be released on regular bail on furnishing a P.R. Bond of Rs.1,00,000/- [Rupees One Lakh] with one or two sureties in the like amount. (iii) The Applicant shall attend the City Chowk Police Station, Chhatrapati Sambhajinagar, every Monday between 12:00 hrs. and 14:00 hrs., until the framing of the charge. (iv) The Applicant shall not tamper with the prosecution evidence in any manner, or attempt to influence any of the prosecution witnesses. (v) The Applicant shall not indulge in any similar offence or any criminal activity. (vi) The Applicant shall furnish his residential address and mobile telephone number to the Investigating Officer as well as to the Trial Court and shall keep his mobile telephone number operational at all times. (vii) The Application stands disposed of in the aforesaid terms. [ HITEN S. VENEGAVKAR ] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 29/09/2026 12:54:44