Bombay High Court
SANTOSH HARILAL YADAVversusUNION OF INDIA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant under Section 439 CrPC, subject to specified conditions.
Summary
The applicant, Santosh Harilal Yadav, a delivery person, was arrested on 2 February 2023 for allegedly unloading narcotic substances—110 boxes of Alprazolam tablets and 240 kg of Codeine Phosphate syrup—from a vehicle registered MH 46 BU 4295. The prosecution alleged that he received the contraband from the driver, who was not named as an accused, and charged him under Sections 8(c) read with 21(c), 22(c), 28 and 29 of the NDPS Act. The applicant had been in custody for more than three years and four months, while co‑accused persons had been released on bail, raising concerns of parity and prolonged pre‑trial detention. The Court, applying Section 439 of the CrPC, considered the length of incarceration, the lack of direct evidence linking the applicant to the loading of the drugs, and the principle of equality among co‑accused. It granted bail subject to a personal bond of Rs. 25,000, sureties, and a series of reporting and non‑interference conditions, without expressing any view on the merits of the case. The bail order was pronounced and the application disposed of.
Issues considered
- Whether bail should be granted to the accused under Section 439 CrPC in a non‑bailable NDPS offence given the nature of the alleged contraband.
- Whether the prolonged pre‑trial detention of over three years, in contrast to co‑accused released on bail, warrants the grant of bail on grounds of parity and the right to a speedy trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 28, 29, 8(c)
Subjects
- bail
- NDPS Act
- Section 439 CrPC
- pre‑trial detention
- parity among co‑accused
- narcotics
- delivery person
- conditions of bail
Judgment
54.BA.108.2025.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.108 OF 2025
Santosh Harilal Yadav .. Applicant
Versus
Union Of India .. Respondent
....................
Ms. Loachan Chandka (appearing through Video Conferencing)
a/w. Mr. Rohan Hogde and Mr. Aaushal Sontakke, Advocates for
Applicant.
Ms. Manisha Jagtap, Advocate for Respondent.
Ms. Rajeshree V. Newton, APP for State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 24, 2026
P.C.:
1. Heard Ms. Chandka, learned Advocate for Applicant
appearing through Video Conferencing and Ms. Jagtap, learned
Advocate for Respondent.
2. This is an Application under Section 439 of the Code of
Criminal Procedure, 1973 seeking Bail in connection with
NCB/MZU/CR-01 of 2023 registered with Narcotics Control Bureau for
offences punishable under Section 8(c) read with Section 21(c), 22(c),
28 and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for short ‘the said Act’).
3. The present Application seeks bail for the Applicant who has
been arrested on 02.02.2023 in NDPS case and the charge of the
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prosecution is of having recovered the alleged contraband of 110 small
boxes of Alprazolam tablets and 240 kg of Codeine Phosphate syrup in
20 carton boxes, which were loaded in a vehicle bearing number MH
46 BU 4295.
4. The Applicant before me is a delivery person who had
booked the said Tempo through the online portal app for delivery.
Driver of the vehicle, Alim Ahmed Shah has not been arrayed as an
Accused who could have given the lead to the prosecution as to who
had loaded the said alleged contraband. Charge against the Applicant
before me is that he had unloaded the contraband substance on the
said delivery having been received and the delivery having been given
to him by the driver of the said vehicle.
5. Apart from the usual non-compliances, the long incarceration
of the Applicant pending trial for more than 3 years and 4 months and
the other co-accused persons having been released on bail and
therefore considering parity and the ignominy of the trial not being
completed in the near foreseeable future persuades me to consider the
Application for grant of bail.
6. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. NCB/MZU/CR-01
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of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one or two surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at
Narcotics Control Bureau, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
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of bail granted to the Applicant.
7. It is clarified that the observations made in this order are
limited for the purpose of granting Bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
8. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.09.24
15:05:47 +0530
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