Bombay High Court

HAMID KHAN GOUS KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

Anticipatory bail is granted as the prosecution’s case rests solely on an inadmissible co‑accused statement and lacks any other evidence linking the applicant to the offence.

Summary

Hamid Khan, a 68‑year‑old labourer from Nanded, applied for anticipatory bail in connection with a contraband ganja case (Cr. No. 10/2024) under Sections 20(b)(ii) and 22(b) of the NDPS Act. The prosecution relied solely on a statement of a co‑accused, recorded under Section 67 of the NDPS Act, which identified Khan as a participant. The applicant contended that the co‑accused’s statement is inadmissible as evidence and that no other material links him to the offence, and he sought confirmation of interim relief already granted. The court held that the co‑accused’s statement cannot be used as substantive evidence and that the investigating agency had gathered no further proof against Khan. Consequently, the court found no justification to deny bail and allowed the anticipatory bail application, directing the applicant to furnish a personal bond of Rs 30,000 with one surety and to cooperate during trial.

Issues considered

Whether anticipatory bail can be granted when the only material linking the applicant to the offence is a co‑accused’s statement recorded under Section 67 of the NDPS Act.
Whether the inadmissibility of the co‑accused’s statement under the NDPS Act precludes the prosecution from establishing a prima facie case against the applicant.
Whether the seriousness of the alleged NDPS offences outweighs the applicant’s right to liberty pending trial.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii), 22(b), 67

Subjects

anticipatory bail
NDPS Act
Section 67
co‑accused statement
evidentiary admissibility
contraband ganja
bail jurisprudence

Judgment

2026:BHC-AUG:37007




                                             1                           958 aba 1915.25

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                      ANTICIPATORY BAIL APPLICATION NO. 1915 OF 2025

                         Hamid Khan S/o Gous Khan,
                         Age : 68 Years, Occu. : Labour,
                         R/o Nai-abadi, Nanded,
                         Tq. and Dist. Nanded.                     ..   Applicant

                               Versus

                         The State of Maharashtra and another      ..   Respondents

                 Shri Pratap P. Madlik, Advocate for the Applicant.
                 Shri N. R. Dayma, A.P.P. for the Respondent No. 1.

                                     CORAM : R. M. JOSHI, J.
                                      DATE : 18TH AUGUST, 2026.

                 FINAL ORDER :


                 .       Applicant seeks pre-arrest bail in connection with Cr. No.
                 10/2024 registered with Shivaji Nagar Police Station, Nanded for
                 the offences punishable U/Sec. 20-(b) ii and 22(b) of the N. D. P.
                 S. Act.


                 2.      It is the case of the prosecution that secret information was
                 received on 08.01.2024 with regard to some persons coming to
                 the spot for sell of contraband articles. Trap was held. Accused
                 were arrested.     From their possession contraband ganja was
                 seized.     During the course of investigation on the basis of
                 statement given by co-accused name of the present applicant was
                 revealed.
                           2                          958 aba 1915.25



3.    Learned counsel for the applicant submits that liberty of
the applicant was protected by interim orders passed by this
Court and during the pendency of application charge sheet came
to be filed against co-accused. It is his further submission that
except statement of the co-accused there is absolutely no
evidence to connect the present applicant with the crime. He
prays to confirm the interim relief.


4.    Learned A. P. P. opposes the application and grant of
anticipatory bail to the applicant by citing seriousness of the
crime, so also the statement of co-accused. According to him it is
revealed during the course of investigation.


5.    Needless to state that statement of co-accused recorded
U/Sec. 67 of the Act is not admissible in the evidence. During the
trial even if it is accepted for the purpose of investigation, such
statement is considered by the investigating agency in view of
said statement name of the applicant is revealed, after
08.01.2024 there is no further evidence collected by the
investigating agency to connect the applicant with the crime in
question.    This Court finds no justification to reject the
application. Hence I pass following order.


                            ORDER


1.    The anticipatory bail application is allowed.
                           3                         958 aba 1915.25



2.    In the event of arrest of applicant Hamid Khan S/o Gous
      Khan, in connection with Cr. No. 10/2024 registered with
      Shivaji Nagar Police Station, Nanded for the offences
      punishable U/Sec. 20-(b) ii and 22(b) of the N. D. P. S. Act,
      he shall be released on bail on furnishing PR Bond of Rs.
      30,000/- (Rs. Thirty Thousand only) with one surety in the
      like amount.


3.    The applicant shall cooperate during the course of trial.



                                          [ R. M. JOSHI, J. ]

bsb/Aug. 26

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