Extracted from the PDF above. The PDF is authoritative.
H.C.SHIV 60.BA2005.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2005 OF 2026 Sultan Anwar Sayyed …Applicant V/s. The State of Maharashtra …Respondent Mr. Vikas Tiwari with Rohit Gupta for the Applicant. Mr. V. A. Kulkarni, APP for the Respondent-State. Mr. A. Abhijit, PI, ANC, Ghatkopar present.
CORAM:
SHYAM C. CHANDAK, J.
DATED :
28th SEPTEMBER, 2026 P.C. :-
1. Heard learned Counsel for the parties. Perused the record. 2. Applicant seeks his release on bail in NDPS Special Case No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with Anti Narotic Cell, Ghatkopar Unit, Mumbai for the offence punishable under Sections 8(c) read with 22(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). 3. The prosecution case is that, on 25th February 2025, at about 21.45 hours, while the informant and other police personnel with him were patrolling at Antop Hill Road, Mumbai, the applicant and co-accused Abdul Khan were present there. Their conduct appeared suspicious. Therefore, they were accosted. Both the accused were holding separate gunny bag in their hand. When the said bags were searched, 24 bottles of Codeine Phosphate based cough syrup were found in the possession of co-accused and 20 bottles containing the same contraband substance were found in the possession of the applicant. Therefore, the aforesaid crime came to be registered and the applicant and his co-accused were arrested. Investigation led to HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.30 18:52:18 +0300
H.C.SHIV 60.BA2005.26.DOC filing of the charge-sheet. The trial Court declined to release the applicant on bail. 4. The co-accused, who was found in possession of 24 bottles of Codeine Phosphate cough syrup is released on bail vide Order dated 21st September 2026, passed by this Court in B.A. No.2515 of 2026. Said Order is not assailed before the higher Court. Therefore, the applicant is entitled to be released on bail by applying the principle of parity. Hence, following Order is passed :- (i) The applicant – Sultan Anwar Sayyed be released on bail in NDPS Special Case No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with Anti Narotic Cell, Ghatkopar Unit, Mumbai 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 Narotic Cell, Ghatkopar Unit, Mumbai 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 directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. Page 2 of 3
H.C.SHIV 60.BA2005.26.DOC (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) 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 out come of the trial and also not be taken as an expression of opinion on the merits of the case.
5. At this stage, as requested by the learned Counsel Mr.Tiwari, the applicant is granted four weeks time to furnish surety. Till then, the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of furnishing the surety bond. On furnishing such surety/ies, the amount of Rs.50,000/- shall be returned.
6. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)