MEERA JADHAV 914 BA2551.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2551 OF 2026 Shamsher Ahmed Khurshid Ahmed, Choudhary …. Applicant V/s. State Of Maharashtra …. Respondent Ms. Ashwini Achari a/w Mr. Anish Pereira i/b Mr. Taraq Sayed for the Applicant. Ms. Kranti T. Hiwrale, APP for Respondent - State. CORAM: SHYAM C. CHANDAK, J. DATED : 25th AUGUST, 2026 P.C. :- 1. Heard learned counsel for the parties. Perused the record. 2. The applicant seeks his release on bail in connection with an FIR bearing Crime No.21 of 2026, registered with Chunabhatti Police Station for the offences punishable under Sections 8(c) read with 22 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, on a report filed by Mr.Bharat Vadte, Police Constable. 3. The prosecution case is that on 11th January 2026, at about 00.10 hours, near Buntar Bhawan Wall, Kurla, the Applicant was found in possession of 5.48 gms of MD. Therefore, the said offence was registered. Investigation led to arrest of Accused No.2. On completion of investigation police submitted the charge-sheet. The trial Court declined to release the applicant on bail mainly for the reason of antecedents. 4. Ms. Achari, learned Counsel for the applicant submitted that the personal search of the applicant, which led to alleged seizure of MEERA JADHAV 914 BA2551.2026.DOC 5.48 gms MD from his possession, is vitiated. Because, the personal search was conducted by a constable at the instance of his superior. Therefore, notwithstanding, there are criminal antecedents, the applicant may be released on bail. To support this submission, she has cited the following cases. 1. No. BPA 1081/1180/81-A(II)/PRO-1 2. Henna Bharat Shah vs. State of Maharashtra Bail Application no. 1051 of 2016 3. Aarif Akram Shaikh vs. State of Maharashtra Bail Application No. 3158 of 2021. 4. Haji Mohd. Abdul Kadar Bhumedia vs. State of Maharashtra Bail Application no. 378 of 2022 5. Miraj Shaikh @ Sabul Biswas vs. State of Maharashtra Bail Application no. 2477 of 2023 6. Kamrjahan @Gudiya Tajuddim Shaikh vs. State of Maharshtra Bail Application no. 2294 of 2024 7. Manish Kumar Boricha vs. State of Maharashtra Bail Application no. 1163 of 2022 8. Akil Nisar Matke vs. State of Maharashtra Bail Application no. 2366 of 2025 5. Ms. Hiwrale, learned APP, on the other hand, submits that although the applicant was search by the Police Niak, it was at the instructions of the superior. Therefore, there is a prima facie case against the applicant. The applicant has five criminal antecedents under the IPC and, therefore, he is not entitled for bail. 6. I have considered these submissions. The record clearly show that when the applicant was apprehended, his personal search was conducted by the informant Mr. Vadte, Police Constable, on the say of his superior Mr. Thubal, Police Inspector. In the cited case of Aarif Akram Shaikh (supra), the personal search of the accused was carried out by the Police Naik. Considering this fact in juxtaposed the provisions of Section 42, MEERA JADHAV 914 BA2551.2026.DOC this Court held that, the Police Naik was not authorized to carry out the search. Since the search was prima facie carried out by one of the Police Naik who was not authorized, it renders the search illegal. Consequently, the Court held that prima facie, there were reasonable grounds for believing that the accused was not guilty of the alleged offence. To reach this conclusion, this Court considered the earlier decision in Haji Mohd. Abdul Kadar Bhumedia (supra). 7. In view thereof, the applicant is entitled for bail. Hence, following Order :- (i) The applicant – Shamsher Ahmed Khurshid Ahmed Choudhary be released on bail in connection with FIR bearing No.21 of 2026 registered with Chunabhatti Police Station, for the offences punishable under Sections 8(c) read with 22 of the NDPS Act, 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 Chunabhatti Police Station, on 1st and 16th day of each calender month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted. (iv) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (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. MEERA JADHAV 914 BA2551.2026.DOC (vi) 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. (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. 8. Bail Application stand disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.08.27 19:38:59 +0530