Case brief
What is this about?
Bombay High Court, Bail Application No.3660 of 2025 (Faizan Iqbal Shaikh v. State of Maharashtra), decided 24 November 2025 by Dr. Neela Gokhale, J.: bail allowed in NDPS case (Sections 8(c), 22(c), 29 NDPS Act) with Maharashtra Police Act S.142 and BNS 2023 S.112 arising from recovery of 11 bottles of codeine phosphate syrup from the Applicant (Accused No.2) by Nehrunagar Police Station, C.R.No.531 of 2024. Key bail factors: over two years incarceration since July 2023 arrest, charges not framed, absence of CA report so psychotropic content unestablished, applicant aged 19, no criminal antecedents. Defence contention that recovered quantity was not commercial and Section 37 NDPS rigors did not apply was noted but the Court rested its decision on delay, non-framing of charges and unestablished content. Prosecution also referred to Rs.5,000/- cash allegedly recovered. Relief: PR bond Rs.50,000/- with one or two local sureties, plus attendance, passport-deposit, no-foreign-travel and non-tampering conditions; infraction entails cancellation. Observations declared prima facie and confined to the application. Suitable searches: NDPS bail, codeine phosphate syrup, commercial quantity, prolonged custody without framing of charge, young offender, delay in trial.