H.C.SHIV 5.BA2515.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2515 OF 2026 Abdul Samad Manuwar Khan …Applicant V/s. The State of Maharashtra …Respondent Mr. Anil Lalla with Mr.Yash Pulekar, Mr.Rushil Alag, Mr.Devang Rawal for the Applicant. Mr. Vinod Chate, APP for Respondent No.1-State. Mr. Ganesh Wagh, API, ANC, Ghatkopar Unit, Mumbai present. CORAM: SHYAM C. CHANDAK, J. DATED : 21st SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Applicant seeks his release on bail in NDPS Special Case No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with Anti Narotic Cell, Ghatkopar Unit, Mumbai for the offence punishable under Sections 8(c) read with 22(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). 3. The prosecution case is that, on 25th February 2025, at about 21.45 hours, while the informant and other police personnel with him were patrolling at Antop Hill Road, Mumbai, the applicant and co-accused Sultan were present there. Their conduct appeared suspicious. Therefore, they were accosted. Both the accused were holding separate gunny bag in their hand. When the said bags were searched, 24 bottles of Codeine Phosphate cough syrup were found in possession of the applicant and 20 bottles of the said contraband were found in possession of Accused No.2. Therefore, the aforesaid crime came to be registered and the applicant and A2 were arrested. Page 1 of 4 HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.22 19:34:53 +0300 H.C.SHIV 5.BA2515.26.DOC On completion of the investigation, the charge-sheet came to be filed. The trial Court declined to release the applicant on bail. 4. Mr.Lalla, learned Counsel for the applicant submitted that, the applicant is behind bars since the date of his arrest on 26th February 2025. However, the case has not progressed. Therefore, bail may be granted on the ground of prolonged incarceration. 5. Mr.Chate, learned APP submitted that the applicant and A2 were found in possession of commercial quantity of the contraband. The applicant has not shown that, prima facie, he is not guilty of the said offence. Therefore, he is not entitled to be released on bail. 6. I have considered these submissions. Considering the material on record, in my view, there is a prima facie case against the applicant of having committed the alleged offence. However, it is the fact that, the applicant is in jail for almost 20 months. Till date, the charge is not framed. Therefore, the trial is not likely to commence and conclude within foreseeable period. Consequently, the continued detention of the applicant in jail, may turn to be punitive. The applicant is not likely to abscond and tamper with the prosecution witnesses. He has no criminal antecedents. He is not likely to repeat such offence. 7. In the case of Anandbhai Rajendrabhai Vaniya v State of Gujarat Criminal Appeal No. 859/2025 arising out of [SLP (Crl.) No.17042/2024], as alleged, the appellant was driving the car from which 995 bottles of RX Codeine Phosphate & Triprolidine Hydrochloride syrup were seized. The appellant had figured in eight cases, discharged in five cases, acquitted in two cases and in the other remaining case, he was on bail. Considering the period of the appellant’s incarceration (17 month), the nature of allegations H.C.SHIV 5.BA2515.26.DOC levelled against him, and the possibility of the trial not being concluded anytime soon, the Hon’ble Apex Court released the appellant on bail. Similarly, in the case of MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.) 12419/2024, the petitioners were arrested on 10.12.2023 as 1920 bottles of codeine phosphate syrup were seized from them. The trial was not commenced. No witness was examined, though 14 were cited by the prosecution. Taking note of the quantity of codeine phosphate syrup allegedly involved in the case and, the period of incarceration (11 months) already undergone by the Petitioners, the Hon’ble Apex Court released them on bail. 8. In the wake of above, the applicant is entitled for bail. Hence, following Order is passed:- (i) The applicant – Abdul Samad Manuwar Khan be released on bail in NDPS Special Case No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with Anti Narotic Cell, Ghatkopar Unit, Mumbai 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 Anti Narotic Cell, Ghatkopar Unit, Mumbai on 1st day of each calender 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 unless exempted by the said Court, for the reasons to be recorded in writing. H.C.SHIV 5.BA2515.26.DOC (iv) 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. (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. (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 out come of the trial and also not be taken as an expression of opinion on the merits of the case. 9. At this stage, as requested by the learned Counsel Mr.Lalla, the applicant is granted four weeks time to furnish surety. Till then, the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of furnishing the surety bond. On furnishing such surety/ies, the amount of Rs.50,000/- shall be returned. 10. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)