Bombay High Court

SULTAN ANWAR SAYYEDversusTHE STATE OF MAHARASHTRA

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The applicant is entitled to bail on the basis of parity with the co-accused, subject to the stipulated conditions.

Summary

The applicant, Sultan Anwar Sayyed, was arrested for possession of 20 bottles of codeine phosphate cough syrup under Sections 8(c) read with 22(c) and 29 of the NDPS Act. The trial court denied his bail application, while his co-accused, found with 24 bottles, was released on bail. The applicant appealed, arguing that the principle of parity required similar treatment. The High Court noted the co-accused's bail and, applying parity, granted bail to the applicant subject to a Rs.50,000 personal bond, surety conditions, and strict attendance and conduct directives. The order emphasized that the bail conditions do not prejudice the trial's merits. The bail application was therefore disposed in the applicant's favour.

Issues considered

Whether bail can be granted to the accused in an NDPS case involving possession of codeine syrup
Whether the principle of parity with a co-accused released on bail mandates granting bail to the applicant
Whether the conditions imposed satisfy the requirements of Sections 8(c), 22(c) and 29 of the NDPS Act

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 29, 8(c)

Subjects

NDPS Act
bail
parity principle
codeine possession
criminal procedure
bail conditions

Judgment

Digitally
signed by
H.C.SHIV 60.BA2005.26.DOC
HEMANT
HEMANT CHANDERSEN
CHANDERSEN SHIV
SHIV Date:
2026.09.30
18:52:18
+0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2005 OF 2026
Sultan Anwar Sayyed …Applicant
V/s.
The State of Maharashtra …Respondent

Mr. Vikas Tiwari with Rohit Gupta for the Applicant.
Mr. V. A. Kulkarni, APP for the Respondent-State.
Mr. A. Abhijit, PI, ANC, Ghatkopar present.

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

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

2. Applicant seeks his release on bail in NDPS Special Case
No.1790 of 2025, arising out of Cr. No.17 of 2025, registered with
Anti Narotic Cell, Ghatkopar Unit, Mumbai for the offence
punishable under Sections 8(c) read with 22(c), 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

3. The prosecution case is that, on 25 th February 2025, at about
21.45 hours, while the informant and other police personnel with
him were patrolling at Antop Hill Road, Mumbai, the applicant and
co-accused Abdul Khan were present there. Their conduct appeared
suspicious. Therefore, they were accosted. Both the accused were
holding separate gunny bag in their hand. When the said bags were
searched, 24 bottles of Codeine Phosphate based cough syrup were
found in the possession of co-accused and 20 bottles containing the
same contraband substance were found in the possession of the
applicant. Therefore, the aforesaid crime came to be registered and
the applicant and his co-accused were arrested. Investigation led to
Page 1 of 3
H.C.SHIV 60.BA2005.26.DOC

filing of the charge-sheet. The trial Court declined to release the
applicant on bail.

4. The co-accused, who was found in possession of 24 bottles of
Codeine Phosphate cough syrup is released on bail vide Order dated
21st September 2026, passed by this Court in B.A. No.2515 of 2026.
Said Order is not assailed before the higher Court. Therefore, the
applicant is entitled to be released on bail by applying the principle
of parity. Hence, following Order is passed :-

(i) The applicant – Sultan Anwar Sayyed be released on
bail in NDPS Special Case No.1790 of 2025, arising out of Cr.
No.17 of 2025, registered with Anti Narotic Cell, Ghatkopar
Unit, Mumbai on his executing P.R. Bond in the sum of
Rs.50,000/- with one or two sureties in the like amount.

(ii) The applicant shall mark his attendance at Anti Narotic
Cell, Ghatkopar Unit, Mumbai on 1st day of each calender
month between 11:00 a.m. to 2:00 p.m. till conclusion of the
trial.

(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.

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

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

Page 2 of 3
H.C.SHIV 60.BA2005.26.DOC

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

5. At this stage, as requested by the learned Counsel Mr.Tiwari,
the applicant is granted four weeks time to furnish surety. Till then,
the applicant be released on bail on his executing a P.R. Bond in the
sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of
furnishing the surety bond. On furnishing such surety/ies, the
amount of Rs.50,000/- shall be returned.

6. Bail Application stands disposed of in aforesaid terms.

(SHYAM C. CHANDAK, J.)

Page 3 of 3

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.