MOHAMMAD AASIF ABDUL RASID SHIKHversusSTATE OF GUJARAT
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- P M RAVAL
Holding
The Court held that temporary bail could not be granted in the present case and dismissed the application.
Summary
The applicant, Mohammad Aasif Abdul Rasid Shikh, an under‑trial prisoner, filed a criminal miscellaneous application seeking temporary bail for 20 days to attend the marriage of his niece in Mumbai. He is charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 352.07 grams of mephedrone, a commercial quantity. The Additional Public Prosecutor appeared and waived service of the order. The Court examined the record, noting the seriousness of the NDPS offence and the applicant’s residence in Uttar Pradesh while the alleged offence occurred in Surat. Considering the nature of the charge and the lack of compelling reasons to override the statutory presumption against bail, the Court declined to exercise its discretion and rejected the bail application. The order was pronounced and the rule discharged.
Issues considered
- Whether an under‑trial prisoner charged under the NDPS Act for a commercial quantity of narcotics is entitled to temporary bail for personal reasons such as attending a family marriage.
Legislation cited
Subjects
Judgment
R/CR.MA/11249/2026 ORDER DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR TEMPORARY
BAIL) NO. 11249 of 2026
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MOHAMMAD AASIF ABDUL RASID SHIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 07/05/2026
ORAL ORDER
1. Rule, returnable forthwith. Learned Additional Public
Prosecutor waives service.
2. This application is filed by the applicant seeking temporary
bail for 20 days on the ground of marriage of his niece – his
brother’s daughter.
3. Heard, party-in-person appearing for the applicant and the
learned Additional Public Prosecutor for the State.
4. Having heard and considering the papers available on
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R/CR.MA/11249/2026 ORDER DATED: 07/05/2026
record, it appears that the applicant is an Under Trial Prisoner for
an offence under the NDPS Act, allegedly, involving commercial
quantity of 352.070 gram of Mephedrone drugs. It further appears
that the applicant is a permanent resident of Uttar Pradesh and at
the time of offence, he was residing at Surat and that, he is
required to attend the marriage at Mumbai. Considering the said
aspects, this Court is not inclined to exercise discretion. The
application is rejected, accordingly. Rule is discharged.
[ P. M. Raval, J. ]
hiren/SB/1/4tss7526
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 14:04:10
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