.C.SHIV 915.BA2700.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2700 OF 2026 Nausheen Mainuddin Shaikh …Applicant V/s. The State of Maharashtra …Respondent Mr. Kiran Gogavale for the Applicant. Ms. Anagha Deshmukh, APP for Respondent-State. Mr. Baban Bande, ASI, Crime Branch, Unit-4 present. CORAM: SHYAM C. CHANDAK, J. DATED : 30th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeks release of the applicant on bail in Special Case No.27 of 2026, pending before the learned Sessions Court, Kalyan arising out of Cr. No.487 of 2025, registered with Hill Line police station, Ulhasnagar ,Thane for the offence punishable under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). 3. The prosecution case is that, on 4th August 2025, when the informant - Rajendra Thorve was present in Crime Branch Unit-4, he received secret information that, one woman was to come in Nevali Area, within the limits of Hill Line police station, to sell contraband substance ‘MD’. He conveyed that information to Sr.P.I., Mr.Avhad. The latter directed Mr.Gosavi, API and other police personnel named in the Report to go to that area, verify the information and lay a trap. Accordingly, the police went to the said area and laid a trap. At about 16.00 hours, one burqa clad woman came and stood below a tree in front of Devansh hotel. She was HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.01 18:21:20 +0300 .C.SHIV 915.BA2700.26.DOC holding a purse and was waiting for some person. These circumstances convinced the informant that the said woman was the same about whom he had received the secret information. Therefore, she was accosted. The applicant is the same woman. After complying with the legal procedure prescribed under NDPS Act, the bag carried by the applicant was searched in the presence of a woman panch witness. It was found containing 79.03 grams of ‘MD’. It was seized and panchnama of the said action was recorded. Accordingly, aforesaid crime came to be registered and it led to filing of charge-sheet. The trial Court declined the applicant’s prayer for bail. Hence, this Application. 4. Mr.Gogavale, learned Counsel for the applicant pointed out several discrepancies. At the outset, he stated that the secret information was received about an unknown woman. However, the secret information recorded in the Khabar book u/S. 42 (1) of NDPS Act, mentions the name of the applicant. The panchnama was completed at 17.20 hours of 4th August 2025. However, the Report was lodged at 3.03 hours of 5th August 2025 and, said delay is not explained. There is no entry about the timings of the vehicle which was used to carry out the raid. All these circumstances create doubt about veracity of the prosecution. Therefore, bail be granted. 5. Ms.Deshmukh, learned APP opposed the aforesaid submissions and stated that, all the provisions of NDPS Act were properly followed in this case. The applicant was found in the possession of the commercial quantity of the contraband. There is nothing to doubt about its seizure. The applicant has not explained the possession of the contraband. Therefore, there is a prima facie case against the applicant and having regard to rigors of Section 37 of the NDPS Act, she is not entitled to be released on bail. Page 2 of 4 .C.SHIV 915.BA2700.26.DOC 6. I have considered the submissions. There is no dispute about the fact that the information was received in respect of an unknown woman. However, the said information recorded in the Khabar book mentions the name of the applicant. How the police came to know the name of the applicant before leaving for the raid, is not discernible from the record. As alleged, the police team left for the raid at 14.20 hours by vehicle no. MH-04-MA-3056 and, completed the search and seizure action at 17:20 hours. However, the timings of leaving left the Crime Branch Unit-4 at 14.20 hours and returning to the Unit after carrying out the raid are not recorded in the log book of the vehicle. In this background, it is difficult to prima facie conclude that the alleged secret information was received by the informant, it led to carrying out the trap and, effecting the search and seizure of the contraband from possession of the applicant. The applicant has no criminal antecedents. Mr.Gogavale stated that, yet, the C.A. report is yet not filed in the case. In this background, the twin conditions under Section 37 of the NDPS Act are satisfied by the applicant. Therefore, the applicant is entitled to be released on bail. 7. Hence, following Order :- (i) Applicant – Nausheen Mainuddin Shaikh be released on bail in aforesaid FIR registered with Hill Line police station, Ulhasnagar, Thane 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 her attendance at Crime Branch Unit-4, Ulhasnagar, Thane on 1st day of each calendar .C.SHIV 915.BA2700.26.DOC 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. (iv) The applicant shall not enter the jurisdiction of Thane and Palghar Districts till conclusion of the trial, except to mark her attendance at Crime Branch Unit-4, Ulhasnagar and to attend the trial in the aforesaid crime. (v) 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. (vi) 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. (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) 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. 8. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)