27-REVN-424-2025 (CR).doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 424 OF 2025 Imtiyaz Mahboob Shaikh ...Applicant VERSUS The State Of Maharashtra ...Respondent _________________________________________________________________ Ms.Kiran G. Gogavale, for the Applicant. Mr.S.M. Mangaonkar, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 29th SEPTEMBER 2026 P.C. : . Heard learned counsel for the Applicant and learned APP. 2. The challenge in this Revision Application is to the impugned order passed by the Special Judge, City Civil and Sessions Court, Mumbai, whereby Discharge Application of the Applicant is rejected. 3. It is prosecution’s case that on 4th September 2023 police apprehended the Accused No.1 and from his possession seized 556 cough syrup bottles (codeine phosphate). The said quantity is alleged to be a commercial quantity. During the course of investigation, it was revealed that the said contraband had allegedly been supplied to Accused No.1 by the present Applicant. It is prosecution’s case that both the accused were acting in furtherance of conspiracy. 4. It is contention of the learned counsel for the Applicant that the NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.09.30 15:41:28 +0530 27-REVN-424-2025 (CR).doc N.S.Kamble Applicant has been falsely implicated in the present case. It is contented that there is no independent, admissible or reliable material against the Applicant to connect him with alleged contraband or with Accused No.1. The Applicant has been falsely implicated solely on the basis of the statement of the Accused No.1. Apart from the said statement, there is no material on record against the Applicant. No CDR or any other evidence produced to show that connection between the Applicant and Accused No.1. However but this fact has not considered by the learned Sessions Judge and rejected the Application of the Applicant, which is erroneous and requested to allow the Application. 5. It is contention of the learned APP that the Applicant is a habitual offender. He has seven antecedents of similar nature indicating his alleged involvement in illicit narcotic activities. It is further submitted that the statement of Accused No.1 specifically discloses that he had obtained the said bottles from present Applicant. There is prima facie case against the Applicant. The learned Sessions Judge has passed well reasoned order, no interference is required in it and requested to reject the Application. 6. I have heard both learned counsel. Perused impugned order, and documents produced on record. 7. Admittedly, except statement of the Accused No.1 there is 27-REVN-424-2025 (CR).doc N.S.Kamble nothing produced on record against the Applicant. No contraband was recovered from the Applicant, nor there is any CDR or other independent evidence placed on record to establish the alleged connection between the Applicant and Accused No.1. It is settled law that the statement of co- accused in absence of any other corroborative and independent evidence cannot by itself be made the sole ground for proceeding against the Applicant. The antecedents of the Applicant also cannot constitute substantive evidence of his involvement in the present offence. No case is made out against the Applicant. However, these facts has not considered by the learned Special Judge. 8. In view of above, I pass following order. ORDER (i) The Revision Application is allowed. (ii) The impugned order passed by the learned Special Judge (NDPS), Mumbai, dated 10th September 2025 in Sessions Case No.429 of 2024 is quashed and set aside. (iii) The Applicant is discharged in Crime No.77 of 2023 from the offences punishable under Sections 8(c) read with Section 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (iv) Application is allowed in the aforesaid terms. (v) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.)