Bombay High Court
SOHEL MEHMOOD SHAIKHversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
Since the seized quantity was below the commercial threshold, Section 37 of the NDPS Act does not apply and bail may be granted subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by 22‑year‑old Sohel Mehmood Shaikh, who was arrested for offences under Sections 8(c), 21(b), 21(c) and 29 of the NDPS Act after 49.31 grams of MD, valued at Rs 9,86,200, was seized from him. The prosecution argued that the quantity was close to the commercial threshold of 50 grams and that the applicant was part of a drug‑purchasing racket, while the defence highlighted his clean record, the non‑commercial nature of the seized quantity, and the lengthy pre‑trial custody since 29 March 2026. The Court examined the applicability of Section 37 of the NDPS Act, which is triggered only for commercial quantities, and concluded that it did not apply in this case. Noting that the investigation was complete, co‑accused had been released on bail, and no further custodial interrogation was required, the Court deemed the bail application appropriate. Consequently, the Court granted regular bail with a set of stringent conditions, including a surety bond, regular police reporting, and restrictions on tampering with evidence or committing further offences.
Issues considered
- Whether Section 37 of the NDPS Act applies when the seized quantity is 49.31 grams, i.e., below the commercial threshold of 50 grams
- Whether the applicant’s age, lack of prior criminal record and period of pre‑trial detention justify granting bail in an NDPS case
- Whether the proximity of the quantity to the commercial limit warrants denial of bail despite the applicant’s alleged involvement in the drug racket
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 21(c), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- non‑commercial quantity
- Section 37
- young accused
- criminal procedure
Judgment
2026:BHC-AUG:44128
1 962BA1577.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 BAIL APPLICATION NO. 1577 OF 2026
Sohel Mehmood Shaikh
VERSUS
The State Of Maharashtra
...
Mr. Rahul Prabhakar Savale a/w Mr. Anant Sahebrao Nikam - Advocate
for the Applicant
Mr. S. A. Gaikwad - APP for the State
...
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 23RD SEPTEMBER, 2026
PER COURT :
1. Heard the learned Advocate for the Applicant and the
learned APP for the State. I have also perused the entire investigation
papers and the charge-sheet with the assistance of both of them.
2. By the present Application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks regular
bail in connection with C.R. No. 100 of 2026, registered with City
Chowk Police Station, Chhatrapati Sambhajinagar, for the offences
punishable under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (in short, “NDPS Act”). Subsequently,
Section 21(c) of the NDPS Act has been added in the Charge-sheet. The
Applicant came to be arrested in the aforesaid crime on 29.03.2026.
3. The prosecution case, in brief, is that during the raid
conducted by the Investigation Team on 28.03.2026, at about 04:40
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p.m., the present Applicant was found in the company of the other three
accused persons. When the accused persons were accosted and
searched, the present Applicant was found in possession of 49.31 grams
of M.D., worth Rs.9,86,200/-.
4. The investigation revealed that Accused Nos. 3 and 4 were
present at the spot for purchasing the said M.D. drug, while the present
Applicant and Accused No. 2 had procured the same from absconding
Accused No. 5. After carrying out all the necessary procedural aspects,
the offence came to be registered, and the Applicant, along with the
other co-accused, came to be arrested. Accused No. 5, who was
subsequently named in the FIR, is still absconding.
5. The learned Advocate for the Applicant submits that the
Applicant has no criminal antecedents and that the M.D. drug found in
his possession is not of commercial quantity. It is only 49.31 grams of
M.D., which is less than the required 50 grams quantity constituting
commercial quantity. He submits that the Applicant has been in jail
since 29.03.2026 and is hardly 22 years of age. The Applicant has been
falsely implicated by the Prosecution and has no connection whatsoever
with the alleged offence. He further submits that, taking into
consideration that the quantity is not commercial and the period during
which the Applicant has been in custody, he be enlarged on bail.
3 962BA1577.2026.odt
6. The learned APP for the State vehemently opposes the
Application, stating that the quantity is very close to the commercial
quantity and, therefore, can be termed as an intermediate quantity.
However, the record clearly indicates that the present Applicant was
found in possession of M.D. drug worth Rs.9,86,200/-, which was
brought from Mumbai after purchasing it from Accused No. 5 for the
purpose of sale. The presence of Accused Nos. 3 and 4, who were there
for the purchase, clearly shows that the Applicant is involved in the
entire racket of purchasing and selling drugs. He submits that the
offence is serious and, therefore, the Applicant should not be released on
bail. He also argues that the release of the other co-accused persons will
not be of any benefit to the present Applicant, for the simple reason that
the present Applicant was found in possession of M.D. drug, whereas the
other accused were not found in possession of the same. He submits
that there is material showing financial transactions between the present
Applicant and the co-accused Salman and Farhan, from whom the M.D.
drug has been procured. This material is sufficient, at this stage, to infer
the involvement of the present Applicant. He prays that the Application
be rejected.
7. I have perused the entire material on record. No doubt, the
prosecution material clearly indicates the involvement of the present
Applicant. The M.D. drug, valued at Rs. 9,86,200/- and weighing 49.31
grams, has been recovered from the person of the present Applicant. The
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Chemical Analyzer's report also clearly suggests that the drug seized
from the person of the present Applicant is M.D. drug, which is a
prohibited psychotropic substance. However, the fact remains that the
quantity recovered from the Applicant is less than the prescribed
commercial quantity, which is 50 grams. Taking into consideration the
quantity recovered, the applicability of Section 37 of the NDPS Act
remains doubtful. Once the rigours of Section 37 of the NDPS Act are
not applicable, the present Application will have to be considered from
the angle of the period of custody undergone and the punishment
prescribed for possessing a non-commercial quantity. The investigation
is complete, and the other co-accused have already been released on
bail, save and except Accused No. 5, who is not available and is
absconding from the investigation. However, the abscondence of
Accused No. 5 will not preclude this Court from releasing the present
Applicant on bail. The apprehension raised by the learned APP can be
allayed by imposing stringent conditions. The Applicant has been in
custody since 29.03.2026. The investigation is complete, and custodial
interrogation of the present Applicant is not necessary. There is
absolutely nothing that is required to be recovered from the present
Applicant. In these circumstances, I am inclined to allow the present
Application and pass the following order:-
ORDER
(i) The Application is allowed.
5 962BA1577.2026.odt
(ii) The Applicant, Sohel Mehmood Shaikh, who is arrested in
connection with C.R. No. 100 of 2026, registered with City
Chowk Police Station, Chhatrapati Sambhajinagar, for the
offences punishable under Sections 8(c), 21(b) and 29 of the
NDPS Act, and subsequently added Section 21(c) of the NDPS
Act, shall be released on regular bail on furnishing a P.R. Bond
of Rs.1,00,000/- [Rupees One Lakh] with one or two sureties
in the like amount.
(iii) The Applicant shall attend the City Chowk Police Station,
Chhatrapati Sambhajinagar, every Monday between 12:00 hrs.
and 14:00 hrs., until the framing of the charge.
(iv) The Applicant shall not tamper with the prosecution evidence
in any manner, or attempt to influence any of the prosecution
witnesses.
(v) The Applicant shall not indulge in any similar offence or any
criminal activity.
(vi) The Applicant shall furnish his residential address and mobile
telephone number to the Investigating Officer as well as to the
Trial Court and shall keep his mobile telephone number
operational at all times.
(vii) The Application stands disposed of in the aforesaid terms.
[ HITEN S. VENEGAVKAR ]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 29/09/2026 12:54:44
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