MOHAMMED AYUB KHANversusUNION OF INDIA

WAKLE
MANOJ                 MANOJ                                                 7-BA-1425-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.09.30
16:42:58 +0530             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.1425 OF 2026
                      Mohammed Ayub Khan                                  …Applicant
                              V/s.
                      Union of India                                      …Respondent


                      Mr. Arun Rajput, for the Applicant.
                      Ms. Megha Bajoria, SPP a/w Ms. Khushi P. Agarwal, for the
                      Respondent- UOI.
                      Ms. Anagha Deshmukh, APP for the Respondent-State.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 28th SEPTEMBER, 2026
                      P.C. :-

                      1.      Heard learned counsel for the parties. Perused the record.

                      2.      Ms. Bajoria, learned SPP tendered an Affidavit-in-Reply. It is
                      taken on record.

                      3.      Applicant seeks his release on bail in Special Case (N.D.P.S.)
                      No.67 of 2026 arising out of F.No.SD/INT/AIU/458/2025-AP ‘B’
                      registered with Air Intelligence Unit (A.I.U.), Chhatrapati Shivaji
                      Maharaj International Airport, Terminal-II, Mumbai for the offence
                      punishable under Sections 21(b), 23(b), 28, 29, 30, 35, 54 r/w
                      Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act,
                      1985 (“NDPS Act”).

                      4.      The prosecution case is that, on 15.11.2025, officers of AIU-B
                      batch intercepted the applicant, holder of Indian Passport
                      No.W1677809, who had arrived from Bangkok by Air India Flight
                      No. AI-2353. His personal search was carried out in the presence of
                      a Gazetted Officer as per the NDPS Act, but no contraband was


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recovered. On being searched his baggage, one “MENSPE” branded
navy blue handbag was found containing seven transparent pouches
of green coloured dry leafy substance emitting a strong odour. Said
contraband was seized under detailed panchanama. The field
testing confirmed the presence of Ganja (Marijuana), and the total
net weight was found to be 3458 grams.

5.      The applicant was served with summons under Section 67 of
the NDPS Act and his statement was recorded, wherein he admitted
being present throughout the panchanama proceedings and that the
seized 3458 grams of Ganja was recovered from his hand bag
carried as baggage at CSMI Airport. Therefore, the aforesaid crime
came to be registered and the applicant was arrested. On
completion of the investigation, the charge-sheet came to be filed.
The trial Court declined to release the applicant on bail.

6.      Mr. Rajput, learned counsel for the applicant submitted that,
the Ganja allegedly seized from the possession of the applicant is
intermediate quantity, therefore, maximum punishment provided
for the offence is up to 10 years. The applicant is in jail for last 10
months. Till the date, charge is not framed. The applicant has no
criminal antecedent. The applicant is ready to stay out of Mumbai,
Thane and Raigad District, till conclusion of the trial. He submitted
that, the applicant would stay at Pune and undertake not to repeat
the offence. Therefore, the applicant may be released on bail.

7.      Ms. Bajoria, the learned SPP, on the other hand, strongly
opposed the application submitting that the applicant had travelled
to Bangkok only to import the Ganja to India. All the relevant
provisions of the NDPS Act were followed while effecting the search
and seizure procedure. Therefore, the seizure of the Ganja cannot be
doubted. Therefore, the applicant is not entitled for bail.

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8.      I have considered these submissions. The material on record,
prima facie, show that the applicant had smuggled the Ganja from
abroad and he was found in conscious possession of the same.
However, it cannot be ignored that, the applicant is in jail for last 10
months. Till the date, no charge is framed. Ms. Bajoria, learned SPP
states that, the prosecution may examine 8 to 10 witnesses. It
would certainly take some time. The applicant has no criminal
antecedent. The applicant is ready to stay at Pune, during pendency
of the trial. Therefore, there is no possibility of repeating the offence
by the applicant.

9.      In view thereof, I am inclined to allow the application. Hence,
following Order:-
        (i)    Applicant – Mohammed Ayub Khan shall be released
        on bail in Special Case (N.D.P.S.) No.67 of 2026 arising out of
        F.No.SD/INT/AIU/458/2025-AP ‘B’ registered with A.I. U.,
        Chhatrapati Shivaji Maharaj International Airport, Terminal-
        II, Mumbai, on his furnishing P.R. Bond in the sum of
        Rs.50,000/- with one or two sureties in the like amount.

        (ii)   As voluntarily undertaken by the applicant through his
        Advocate Mr. Rajput, during the bail period, the applicant
        shall reside at Pune and mark his attendance at the office of
        DRI, Pune/Customs Pune, on the 1st day of a month, between
        11:00 a.m. to 4:00 p.m., till the conclusion of the trial.

               However, the applicant is permitted to enter Mumbai to
        attend the said case.

        (iii) The applicant shall regularly attend the proceedings
        before the jurisdictional Court unless exempted by the said
        Court, for the reasons to be recorded in writing.

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        (iv)   The applicant shall not tamper with the prosecution
        evidence and shall not influence upon the prosecution
        witness to prevent them from deposing against him.

        (v)    On being released from jail, the applicant shall furnish
        his contact number and residential address to Investigation
        Officer and, keep him updated, if there is any change.

        (vi)   The applicant shall not indulge in identical activities for
        which he has been arraigned in this case.

        (vii) It is clarified that any observation made in the present
        Order are for the purpose of deciding the present Bail
        application and should not influence the outcome of the trial
        and also not be taken as an expression of opinion on the
        merits of the case.


10.     Application stands disposed of in the aforesaid terms.



                                 (SHYAM C. CHANDAK, J.)




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