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Bombay High Court

ALISHER LALMOHAMAADD SOUDAGARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the applicant, holding that the procedural irregularities did not preclude release given the circumstances of prolonged detention.

Summary

The High Court considered the bail application of Alisher Lalmohammad Soudagar, accused under Sections 8(c), 21(c) and 22(c) of the NDPS Act in Crime No. 301 of 2023. The applicant argued that the prosecution had violated Section 52 of the NDPS Act by failing to have the inventory and sampling sealed by a magistrate, that there was an unjustified 65‑day delay in forwarding the seized contraband to the Central Forensic Laboratory, and that the seizure panchanama lacked the photographic and videographic documentation required under Section 103 of the BNS Regulations. Relying on the precedent set in Chandrakant Janardan Jadhav v. State of Maharashtra, the court examined whether these procedural lapses, together with the applicant’s prolonged pre‑trial detention of over three years, warranted denial of bail. Finding the procedural deficiencies significant but not fatal, and noting the length of incarceration, the court granted bail with conditions. The order directed the applicant’s immediate release on a personal bond of Rs. 50,000 with one surety of the same amount and imposed reporting and non‑interference conditions.

Issues considered

  • Whether non‑compliance with Section 52 of the NDPS Act regarding magistrate‑sealed inventory and sampling justifies denial of bail.
  • Whether a 65‑day delay in sending seized contraband to the forensic laboratory is a ground to refuse bail.
  • Whether the absence of photographic and videographic evidence as required by Section 103 of the BNS Regulations affects the bail decision.
  • Whether the applicant’s prolonged pre‑trial detention outweighs the alleged procedural lapses in granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • procedural compliance
  • Section 52
  • evidence delay
  • photographic evidence
  • pre‑trial detention
  • criminal procedure

Judgment

                                                                               16-ba-2035-25.doc

Urmila Ingale

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION


                                 BAIL APPLICATION NO. 2035 OF 2025

                Mr. Alisher Lalmohammad Soudagar                        .. Applicant
                            Versus
                The State of Maharashtra                                .. Respondent

                                           ....................
                 Mr. Ali Kaashif Khan Deshmukh a/w Ms. Snigdha Khandelwal, and
                  Mr. Md. Farid, Advocates for Applicant.
                 Ms. Anuja Gotad, APP for Respondent-State.
                 Mr. Jivan Mane, PI, Crime Branch, Pune City, Yerawada Police
                  Station, present.
                                              ...................

                                             CORAM : MILIND N. JADHAV, J.
                                             DATE          : AUGUST 19, 2026
                P.C.:

                1.         Heard Mr. Ali Kaashif Khan Deshmukh, learned Advocate for

                Applicant and Ms. Anuja Gotad, learned APP for Respondent.


                2.         By this Bail Application, Applicant - accused is seeking

                enlargement on bail in Crime No. 301 of 2023 registered with

                Yerawada      Police Station, Pune for the offences punishable under

                Sections 8(c), 21(c) and 22(c) of the Narcotic Drugs and Psychotropic

                Substances Act, 1985 (for short “NDPS Act”).        Date of the incident is

                07.05.2023.


                3.         The Applicant is indicted in an NDPS offence though

                notwithstanding the fact that the Applicant is having three other

                antecedents with him. The Applicant has raised four questions, namely,


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that the procedure as required for compliance of Section 52 of the

NDPS Act once the inventory and sampling is placed before the

Magistrate and if so done, it would have to bear the seal of the

Magistrate. The seal which is appended at page No.65 is that of the

Inspector of Police, PCB, Pune on the parcel and therefore, non-

compliance of the provisions of Section 52 has been argued.          The

second reason is of humongous delay of 65 days in sending the alleged

seized contraband despite it having been seized and sent to the CFL.

Such delay of 65 days ought not to have been done rather immediate

action is required to be taken especially in view of the nature of the

contraband which is seized. Insofar as this reason is concerned, it may

have secondary or tertiary value in terms of merits. As usual, the

Applicant has also raised the bogey of the alleged seizure panchanama

not being supported by photography and videography as contemplated

under Section 103 of the BNS and Regulations.       The Applicant has

referred to and relied upon the decision in the case of Chandrakant

Janardan Jadhav Vs. State of Maharashtra 1.      In view of the non-

compliance of the aforesaid procedure laying aside the other issues

argued by the learned Advocate and more importantly, the fact that

the Applicant is in incarceration for more than three years and four

months and the ignominy of the trial not being completed in the near

future in the present case, I am inclined to allow the application for


1   2025 (3) High Court Cases, Bom.171.

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bail. The Bail Application stands granted.


4.   In view of the above the following order is passed:-


     (i) Applicant is directed to be immediately released from prison

     in connection with Crime No. 301 of 2023;

     (ii) Applicant is directed to be released on bail on furnishing P.R.

     Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety of

     the like amount;

     (iii) Applicant shall report to the Investigating Officer at

     Yerawada Police Station, Pune once every month on the first

     Sunday 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 with 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



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                          (viii) Any infraction of the conditions shall entail cancellation of

                          bail granted to the Applicant.

                 5.      Needless to state that the above observations will not come in the

                 way of trial as they are prima facie in nature based on the submissions

                 made and the material placed before this Court.


                 6.      Bail Application is allowed and disposed of in the above

                 terms.



Urmila Ingale                                                [ MILIND N. JADHAV, J. ]

                            Digitally signed
                HARSHADA by HARSHADA
                         HANUMANT
                HANUMANT SAWANT
                SAWANT   Date: 2026.08.19
                            19:49:34 +0530




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