1 30 ABA 855.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.855/2026 (Syed Zamir Syed Noor Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. G. B. Mate, Advocate for applicant. Ms. S. N. Thakur, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 06/10/2026. Heard. 2. By this application, the applicant is seeking anticipatory bail in connection with Crime No. 60/2026 registered with police station Gadge Nagar, Dist. Amravati city for the offences punishable under Sections 8(c), 21(b), 22(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act (“NDPS”). 3. The brief facts of the prosecution case are that on 13/01/2026, while API Manish Wakode of the Crime Branch, Amravati (City), was on duty for detecting persons involved in the sale of narcotic drugs and psychotropic substances, at around 18:15 hours, he received secret information that one person wearing a maroon-coloured jerkin and blue-coloured jeans would come towards the Post Office, Amravati, from Biyani Square, who possesses 2 30 ABA 855.26.odt contraband Mephedrone (“MD”) with an intention to sell it. Hence, a trap was laid. Hence, a trap was laid. At that time, another information was received that the said person had come to Amravati by a Cruzer vehicle from outstation and must be One Cruzer vehicle bearing No. MP-68-ZB-4329 was found in front of the office of the Superintendent of Police, and a person was found sitting in the driver's seat. At the same time, another person came towards the vehicle from the office of the Superintendent of Police. He then took something in a polythene bag towards the office of the Superintendent of Police. Therefore, an enquiry was made with the driver of the said Cruzer vehicle, whereupon he revealed his name as Aftab Khan Ashpak Khan. He also revealed that 10 to 12 persons from the vehicle had gone to the office of the Local Crime Branch. Therefore, the vehicle was searched, whereupon one jerkin was found, in which one weighing scale and contraband Mephedrone were found kept in a polythene bag wrapped inside the jerkin. The LCB office was also visited, and an enquiry was made about those 10 to 12 persons, whereupon it was revealed that they were all sitting in the courtyard of the LCB office. An enquiry was made with them about the contraband found in the jerkin kept in the Cruzer vehicle. 3 30 ABA 855.26.odt However, they did not provide any information. Hence, they were all taken to the Crime Branch Office, Frezarpura, along with the Cruzer vehicle, and upon making a detailed enquiry with them, it was revealed that the said jerkin belonged to Arbaz Khan Ayub Khan. Hence, he was interrogated, whereupon he revealed that the said Mephedrone belonged to the present applicant, Salman Kha Amir Kha, and that he had procured the same from one Majju. Based on these allegations, the first information report was registered. 4. The learned counsel for the applicant submits that it is only on the basis of the statement of one of the witnesses, namely, Arbaz, that the applicant has been implicated in the present crime. Apart from that, there is no supportive evidence to corroborate the said statement. He further submits that initially, the Cruzer vehicle, which was standing in front of the S.P. Office, Amravati, was searched by the officers of the L.C.B., Amravati, wherein, in one jacket, contraband i.e. M.D. drug weighing 44.92 grams was found. Upon enquiry, Arbaz Khan, who was in the Cruzer vehicle, disclosed that the said M.D. drug belonged to one co-accused, Salman Kha. The said jacket belonged to the witness Arbaz Khan. Arbaz Khan further 4 30 ABA 855.26.odt disclosed that the said contraband was supplied by the present applicant to Salman Kha, and he had kept the said contraband in the jacket of the witness Arbaz Khan. Under such circumstances, the learned counsel for the applicant submits that, apart from the statement of Arbaz Khan, there is no connecting material against the applicant and, therefore, he prayed for grant of anticipatory bail. He has relied upon the judgment of the Supreme Court in the case of Vijay Singh v. State of Haryana, 2023 SCC Online SC 1235 and the decision of the Punjab and Haryana High Court in the case of Ashu v. State of Punjab (CRM-M- 54032-2024 (O&M), decided on 09/01/2025), to buttress his submission that the material is not sufficient to connect the applicant and that, even if there is an antecedent, he can be granted anticipatory bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that Arbaz Khan has directly taken the name of the present applicant. She further submits that it is the present applicant who is dealing in M.D. drugs. The applicant had provided the said drugs to co-accused Salman Kha. Though the quantity is intermediate, that by itself is not sufficient to release the applicant on anticipatory bail, since the offence is against 5 30 ABA 855.26.odt society and is destroying future generations. Since the witness Arbaz, from whose jacket the contraband was recovered, has been made a witness and has directly taken the name of the present applicant, his statement cannot be ignored. She further submits that, previously also, one First Information Report was registered against the applicant at a police station in Amravati, containing similar allegations, wherein the contraband involved was a commercial quantity of M.D. drug, i.e. 100.7 grams. Therefore, under such circumstances, she further submits that the applicant is engaged in the business of supplying M.D. drug. Hence, she prayed for rejection of the application. 6. Upon consideration of the submissions of both sides and perusal of the First Information Report, it appears that the officers of the Local Crime Branch inspected the Cruzer vehicle. Upon search of the said vehicle, a jacket was found therein, which belonged to Arbaz Khan. The said Arbaz Khan disclosed that the contraband found in the said jacket belonged to Salman Kha and that the said contraband was supplied by the present applicant to the said Salman Kha. So far as Arbaz Khan is concerned, he has not been made an accused; however, he has been cited as a witness in the present 6 30 ABA 855.26.odt case. Upon perusal of the statement of Arbaz Khan, it is crystal clear that it is the applicant who supplied the M.D. drug to Salman Kha. He has directly taken the name of the applicant and stated that the said drug was supplied in his presence. 7. It is further to be noted that there is already one crime registered against the applicant under NDPS Act bearing Crime No.262/2025 having similar allegations. So far as the orders relied by the learned counsel for the applicant i.e. Vijay Singh and Ashu (supra) are concerned, those are not helpful to the applicant as I am of the considered opinion that the facts of those cases are altogether different and bail in those cases were granted on the basis that only the statements of co-accused were against those applicants. In the present case, there is a witness who has specifically stated that it is the applicant who supplied the M.D. drug to Salman Kha. Under such circumstances, as the allegations against the applicant are serious and there is one similar criminal antecedent, therefore the application is rejected. 7 30 ABA 855.26.odt 8. Pending application (s), if any, stand disposed of accordingly. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 08/10/2026 10:16:43