Abdul Raees Abdul Hamid Shaikh v. State of Maharashtra
NDPS Act – Bail under Sections 8(c) and 22(b)
Case brief
What is this about?
Bombay High Court (Criminal Appellate Jurisdiction), Bail Application No. 852 of 2025, decided 15 October 2025 by Dr. Neela Gokhale, J. — Grant of bail under NDPS Act despite Section 37 embargo: FIR No. 1075 of 2023, Dharavi Police Station, Sections 8(c) and 22(b) NDPS Act; recovery of 42 bottles of Codeine Phosphate cough syrup; prosecution claimed commercial quantity; bail earlier rejected by NDPS Special Judge on 2 January 2025; bail allowed owing to ~2 years' incarceration, charges not framed and C.A. report pending for 2 years, invoking Article 21; PR bond Rs. 50,000 with conditions.
What did the court decide?
Applicant enlarged on bail on executing a PR Bond of Rs.50,000/- with one or two local sureties in the like amount, subject to conditions: (i) monthly attendance at the concerned police station on the first Saturday of every month between 11:00 a.m. and 02:00 p.m.; (ii) attendance at the Trial Court on each and every date unless exempted; (iii) deposit of passport with the police station if not already deposited; (iv) no departure from India without permission of the Trial Court; (v) no tampering with or influencing or contacting the complainant, witnesses or persons concerned with the case; (vi) informing latest place of residence and mobile number to the Court seized of the matter and the Investigating Officer upon release and upon any change; (vii) cooperation with the conduct of the trial; any infraction shall entail cancellation of bail. Observations made are prima facie and confined to the Application; the Trial Judge to decide uninfluenced by them.