HAFIJULLA SOHABATALI KHAN @ BHATTUversusTHE STATE OF MAHARASHTRA

           Digitally
                        H.C.SHIV                                                   918.BA1432.26.DOC
           signed by
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:
           2026.09.11
           20:12:12
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           +0300                        CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL BAIL APPLICATION NO.1432 OF 2026
                        Hafijulla Sohabatali Khan @ Bhattu                     …Applicant
                                   V/s.
                        The State of Maharashtra                               …Respondent


                        Ms. Aafreen Shaikh with Ms. Nikhat Shaikh for the Applicant.
                        Ms. Anagha Deshmukh, APP for Respondent-State.
                        Mr. Madhukar Moule, PSI, Shivaji Nagar police station present.


                                                     CORAM:       SHYAM C. CHANDAK, J.
                                                     DATED :      8th SEPTEMBER, 2026
                        P.C. :-

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

                        2.         The applicant seeks his release on bail in connection with
                        Crime No.600 of 2025, registered with Shivaji Nagar police station,
                        Mumbai for the offence punishable under Sections 8(c), 20(b),
                        22(b) and 29 of the Narcotic Drugs and Psychotropic Substances
                        Act, 1985 (for short “NDPS Act”), on the report dated 8 th August,
                        2025 lodged by Mr. Dada Virkar, PHC.

                        3.         The prosecution case is that, on 8th August 2025, at about
                        00:15 hours, at Baiganwadi, Govandi, Mumbai Accused Nos.1 to 3
                        were found in possession of 11 bottles of Codeine Phosphate cough
                        syrup, 6.97 gms heroin and 3.445 kg. of Ganja, respectively.
                        Accordingly, the aforesaid crime came to be registered and said
                        accused were arrested. During interrogation, Accused Nos.1 to 3
                        disclosed that they had procured the contraband from the applicant,
                        which led to his arrest. The applicant disclosed that he used to
                        procure Heroin from Accused No.6 and Ganja from others and sell
                        it in Shivaji Nagar. Accused No.5 is the wife of the applicant and, as


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H.C.SHIV                                                   918.BA1432.26.DOC



alleged, she used to help the applicant in the illicit business.
Investigation also revealed an involvement of Accused No.7. On
completion of the investigation, charge-sheet came to be filed. The
trial Court declined to release the applicant on bail.

4.         Ms. Shaikh, learned Counsel for the applicant submitted that,
except statements of A1 to A3, there is no independent evidence
showing that they used to procure the contraband from applicant.
No contraband is recovered from the possession of the applicant. As
such, the applicant is innocent. Although, there are 35 criminal
antecedents against the applicant including 2 cases of consuming
narcotic substance, 18 cases have already been disposed of,
resulting in either acquittal or conviction on applicant’s pleading
guilty. In the remaining cases, the applicant is on bail and intends to
plead guilty. Therefore, she urged to release the applicant on bail.

5.         In reply, Mr. Dedhia, the learned APP submitted that the
material on record clearly show that the applicant used to procure
the contraband substance and supply to A1 to A3 and thus, he was
dealing in illicit business. Besides information given by the co-
accused persons about involvement of the applicant,           A1 to A3
stated that they procured the contraband from the applicant.
Therefore, bail be refused.

6.         I have considered these submissions. Record indicates that
immediately after the arrest of A1 to A3, they named the applicant
as the supplier of the contraband. Even, the wife of the applicant
and co-accused – Rukshar stated that the applicant is involved in
illicit business of contraband. Ms. Shaikh, the learned Advocate
stated that Accused No.6 is not related to the applicant, yet, she has
named him, alleging that, she used to supply Heroin to him. No
doubt, said statements are not admissible in evidence. However, the


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H.C.SHIV                                                     918.BA1432.26.DOC



CDRs of the mobile phone of the applicant and Accused No.3 –
Nisar Khan show that the two were in constant contact with each
other around the date of arrest of Accused Nos.1 to 3 and seizure of
the contraband from their possession. There is nothing on record to
suggest that the applicant was carrying on some business for the
livelihood of his family. More than 10 cases are still pending against
the applicant. Record indicates that, although the applicant was
externed, frequently, he committed breach of the Order and entered
in the area from which he was externed. These circumstances
clearly indicate that the applicant is involved in the aforesaid crime
and he has scant regard for the law.

7.         In view thereof, the applicant is not entitled to be released on
bail. Hence, the application is rejected.

8.         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 out come of the trial and also not be taken
as an expression of opinion on the merits of the case.

9.         Bail application stands disposed of in aforesaid terms.




                                   (SHYAM C. CHANDAK, J.)




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