MANOJ 7-BA-1425-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1425 OF 2026 Mohammed Ayub Khan …Applicant V/s. Union of India …Respondent Mr. Arun Rajput, for the Applicant. Ms. Megha Bajoria, SPP a/w Ms. Khushi P. Agarwal, for the Respondent- UOI. Ms. Anagha Deshmukh, APP for the Respondent-State. CORAM: SHYAM C. CHANDAK, J. DATED : 28th SEPTEMBER, 2026 P.C. :- 1. Heard learned counsel for the parties. Perused the record. 2. Ms. Bajoria, learned SPP tendered an Affidavit-in-Reply. It is taken on record. 3. Applicant seeks his release on bail in Special Case (N.D.P.S.) No.67 of 2026 arising out of F.No.SD/INT/AIU/458/2025-AP ‘B’ registered with Air Intelligence Unit (A.I.U.), Chhatrapati Shivaji Maharaj International Airport, Terminal-II, Mumbai for the offence punishable under Sections 21(b), 23(b), 28, 29, 30, 35, 54 r/w Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). 4. The prosecution case is that, on 15.11.2025, officers of AIU-B batch intercepted the applicant, holder of Indian Passport No.W1677809, who had arrived from Bangkok by Air India Flight No. AI-2353. His personal search was carried out in the presence of a Gazetted Officer as per the NDPS Act, but no contraband was WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.30 16:42:58 +0530 MANOJ 7-BA-1425-2026.DOC recovered. On being searched his baggage, one “MENSPE” branded navy blue handbag was found containing seven transparent pouches of green coloured dry leafy substance emitting a strong odour. Said contraband was seized under detailed panchanama. The field testing confirmed the presence of Ganja (Marijuana), and the total net weight was found to be 3458 grams. 5. The applicant was served with summons under Section 67 of the NDPS Act and his statement was recorded, wherein he admitted being present throughout the panchanama proceedings and that the seized 3458 grams of Ganja was recovered from his hand bag carried as baggage at CSMI Airport. Therefore, the aforesaid crime came to be registered and the applicant was arrested. On completion of the investigation, the charge-sheet came to be filed. The trial Court declined to release the applicant on bail. 6. Mr. Rajput, learned counsel for the applicant submitted that, the Ganja allegedly seized from the possession of the applicant is intermediate quantity, therefore, maximum punishment provided for the offence is up to 10 years. The applicant is in jail for last 10 months. Till the date, charge is not framed. The applicant has no criminal antecedent. The applicant is ready to stay out of Mumbai, Thane and Raigad District, till conclusion of the trial. He submitted that, the applicant would stay at Pune and undertake not to repeat the offence. Therefore, the applicant may be released on bail. 7. Ms. Bajoria, the learned SPP, on the other hand, strongly opposed the application submitting that the applicant had travelled to Bangkok only to import the Ganja to India. All the relevant provisions of the NDPS Act were followed while effecting the search and seizure procedure. Therefore, the seizure of the Ganja cannot be doubted. Therefore, the applicant is not entitled for bail. Page 2 of 4 MANOJ 7-BA-1425-2026.DOC 8. I have considered these submissions. The material on record, prima facie, show that the applicant had smuggled the Ganja from abroad and he was found in conscious possession of the same. However, it cannot be ignored that, the applicant is in jail for last 10 months. Till the date, no charge is framed. Ms. Bajoria, learned SPP states that, the prosecution may examine 8 to 10 witnesses. It would certainly take some time. The applicant has no criminal antecedent. The applicant is ready to stay at Pune, during pendency of the trial. Therefore, there is no possibility of repeating the offence by the applicant. 9. In view thereof, I am inclined to allow the application. Hence, following Order:- (i) Applicant – Mohammed Ayub Khan shall be released on bail in Special Case (N.D.P.S.) No.67 of 2026 arising out of F.No.SD/INT/AIU/458/2025-AP ‘B’ registered with A.I. U., Chhatrapati Shivaji Maharaj International Airport, Terminal- II, Mumbai, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) As voluntarily undertaken by the applicant through his Advocate Mr. Rajput, during the bail period, the applicant shall reside at Pune and mark his attendance at the office of DRI, Pune/Customs Pune, on the 1st day of a month, between 11:00 a.m. to 4:00 p.m., till the conclusion of the trial. However, the applicant is permitted to enter Mumbai to attend the said case. (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. MANOJ 7-BA-1425-2026.DOC (iv) The applicant shall not tamper with the prosecution evidence and shall not influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to Investigation Officer and, keep him updated, if there is any change. (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 outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 10. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)