Bombay High Court

ABDUL GAFUR MOHAMMAD HANIF NARPALIversusSTATE OF MAHARASHTRA

Decided: 8 May 2026
Disposal: Allowed
Bench: R M JOSHI

Holding

The bail application is allowed because the arrest is illegal due to non‑communication of written grounds of arrest.

Summary

The applicant, Abdul Gafur Mohammad Hanif Narpali, was arrested on 28 March 2024 for alleged violations of Sections 8(c), 22(c) and 29 of the NDPS Act. He filed a bail application contending that the police failed to provide him with written grounds of arrest, a requirement affirmed by the Supreme Court in Pankaj Bansal and other decisions. The respondent could not produce any authority allowing a departure from that requirement after 3 October 2023. The Court found that the non‑communication of grounds rendered the arrest illegal and therefore granted bail, subject to a bond of Rs.50,000 and monthly police reporting. The order is limited to the bail application and does not prejudice the trial court’s substantive adjudication of the charges.

Issues considered

Whether the failure to furnish written grounds of arrest violates Supreme Court precedent and renders the arrest illegal.
Whether such a violation warrants the grant of bail in a case under the NDPS Act.

Legislation cited

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

Subjects

bail
grounds of arrest
NDPS Act
illegal arrest
Supreme Court precedent
criminal procedure

Judgment

                                                      4_BA_2240_2025.DOC




                                                                     Prasad


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

         4 CRIMINAL BAIL APPLICATION NO. 2240 OF 2025

Abdul Gafur Mohammad Hanif Narpali                    ...Applicant
      Versus
State Of Maharashtra                                  ...Respondent


Mr. Kamlesh Mahadev Satre, for the Applicant.
Mr. Mayur S. Sonavane, APP for the Respondent-State.
PI – Vijay Gole, ANC Bandra Unit, Mumbai, present.


                       CORAM:       R. M. JOSHI, J.
                       DATED:       08th MAY, 2026.
PC:-


1.             The Applicant seeks his release on bail in connection
with CR No.20 of 2024 dated 28th March, 2024, registered with
ANC Unit, Bandra, Mumbai, for the offences punishable under
Sections 8(c), 22(c), and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (‘NDPS’).

2.             Learned Counsel for the Applicant submits that he is
seeking bail solely on the ground that grounds of arrest were not
furnished to the Applicant in writing. It is claimed that Applicant
is arrested on 28th March, 2024. He drew attention of the Court
to the judgment in the case of Pankaj Bansal Vs. Union of India
and Ors.1 delivered on 3rd October 2023, whereby grounds of
arrest are mandatorily to be given in writing to the arrestee. He

1 (2024) 7 SCC 576


                               Page 1 of 3
                             08th May, 2026.
                                                                 4_BA_2240_2025.DOC




further placed reliance on judgment in a case of Prabir
Purkayastha Vs. State (NCT of Delhi)2 and Vihaan Kumar Vs.
State of Haryana and Anr. He further placed reliance on the
order of Hon’ble Supreme Court in case of Ahmed Mansoor And
Ors. Vs. The State, Rep. By Assistant Commissioner of Police And
Anr.3 wherein after considering Sri Darshan, it is held that non-
communication of grounds of arrest is fatal to the validity to the
arrest itself.

3.               Though learned APP opposed the application, he
was unable to show any judgment which does not require
furnishing of the grounds of arrest in case arrest is after 3 rd
October, 2023.

4.               Since    admittedly        no       grounds      of   arrest   are
communicated to the Applicant in writing, there is non-
compliance of the order of Hon’ble Supreme Court in Pankaj
Bansal (Supra) and other judgments.


5.               In view of the above, solely on the ground that
grounds of arrest are not provided to the Applicant in writing his
arrest is required to be considered as illegal. Hence, following
order :-

                                      ORDER

      i)         The Bail Application stands allowed.



2 (2024) 8 SCC 254
3 Criminal Appeal No. 4505 of 2025 [@ SLP [CRI.] NO. 198/2025]


                                     Page 2 of 3
                                   08th May, 2026.
                                                  4_BA_2240_2025.DOC




     ii)      In connection with CR No.20 of 2024 dated 28 th
     March, 2024, registered with ANC Unit, Bandra, Mumbai,
     the Applicant be enlarged on bail, on furnishing P. R. Bond
     in the sum of Rs.50,000/- with one or two local sureties in
     the like amount, to the satisfaction of the Trial Court.

     iii)     The Applicant is directed to attend the concerned
     Police Station once in a month till conclusion of trial.

     iii)     The Applicant is directed to attend all dates of
     hearing before the Trial Court, unless exempted by specific
     order.

     iv)      Any breach of the aforestated condition shall result
     forthwith into cancellation of bail.

6.            It is made clear that the observations made herein are
prima facie and are confined to this Application and the learned
Trial Judge to decide the case on its own merits, uninfluenced by
the observations made herein.




                                                  (R. M. JOSHI, J.)
                                                                      {




                              Page 3 of 3
                            08th May, 2026.

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